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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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