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Evidence doesn’t show couple knew of mold when selling home

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The Indiana Court of Appeals affirmed rulings in favor of the sellers of a home which later was found to contain mold. The buyers sued, claiming the sellers knew of the mold at the time of the sale, but the judges found the evidence shows otherwise.

Gregory and Susan Weber’s home was built in Fishers by Beazer Homes. After hearing reports of water intrusion in other nearby homes also built by Beazer, the Webers had an inspection done on their home. The inspection found defects related to water control, but did not note the presence of mold. The builder had the home inspected again and that report also did not mention mold. Remediation work was done on the home and, later that year, the Webers sold the home to William and Cleo Boehringer. The Webers responded “no” in the sales disclosure to the presence of mold.

Nearly a year after moving in, the Boehringers discovered mold in the house. They sued the Webers, Beazer and other parties, claiming fraudulent misrepresentation and mutual mistake of fact against the Webers. The Webers counterclaimed for costs and reasonable attorney fees for defending the complaint based on language in the purchase agreement.

Both parties move for summary judgment, which was denied and a jury trial began in December 2012. The jury ruled in favor of the Webers on the buyers’ claims and awarded them $425,000 on their counterclaim.

“The undisputed designated evidence indicates that the House was inspected …  and that neither inspector indicated the presence of mold. Moreover, both Webers submitted affidavits indicating that neither detected any evidence of mold while living in the House. If believed, this evidence establishes a lack of actual knowledge of mold on the part of the Webers, which is required,” Judge Cale Bradford wrote in William E. Boehringer, Cleo A. Boehringer, and the Cleo A. Boehringer Trust v. Gregory J. Weber and Susan M. Weber, 29A05-1303-PL-154. “At the very least, this designated evidence generates a genuine issue of material fact on the question of actual knowledge, precluding the entry of summary judgment in favor of the Boehringers on their fraudulent misrepresentation claim.”

The judges also found this evidence supports the jury’s verdict in favor of the Webers on the fraudulent misrepresentation claim.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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