holding that representations made by a vendor’s agent concerning water damage to a dwelling, after the purchasers had executed a real estate contract, were not material because the representations would have caused the purchasers to do precisely what they were contractually obligated to do
How later courts described this case
- holding that representations made by a vendor’s agent concerning water damage to a dwelling, after the purchasers had executed a real estate contract, were not material because the representations would have caused the purchasers to do precisely what they were contractually obligated to do
Written by the judges who cited it.
The opinion
I concur in the reasoning of the majority in affirming the defendants' summary judgment as to the plaintiffs' claims for fraud and suppression of material facts. Not only were the alleged representations immaterial on these facts, but also the plaintiffs' reliance thereon was unreasonable. The termite report indicated that there was water damage under both bathrooms and to the bottom of the framing to both garage doors , yet the defendants stated that this water damage to these separate areas of the house was caused by a "minor leak" that cost only $11 to repair. As a matter of law under these facts, it was unreasonable for the plaintiffs to rely on the defendants' account of the damage and its repair without further inquiry or inspection.
MADDOX, J., concurs.