(DOWNLOAD) "Gene Conell and Lauri Conell v. Coldwell" by District Two Court of Appeals of Wisconsin " Book PDF Kindle ePub Free
eBook details
- Title: Gene Conell and Lauri Conell v. Coldwell
- Author : District Two Court of Appeals of Wisconsin
- Release Date : January 12, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
ANDERSON, P.J. Gene and Lauri Conell appeal from the trial court's grant of summary judgment to Coldwell Banker Premier Real Estate, Inc., Shirley Hansen and Dee Dee Ewert. 1 The Conells argue that Coldwell Banker and Hansen are liable for misrepresentation and negligence for not providing them a copy of the seller's condition report indicating a leaking basement prior to their purchase of a house. We affirm because we hold that the independent third-party inspection of the property which disclosed problems with the basement relieved Hansen and Coldwell Banker from their duties to inspect and disclose adverse conditions related to the basement. For purposes of summary judgment review, Coldwell Banker does not dispute the facts as alleged by the Conells. The Conells were interested in purchasing the home of Judith and William Maurer. The Conells personally inspected the property, including the basement. On March 13, 1991, the Conells signed an offer to purchase the home. Hansen, a broker for Coldwell Banker and agent of the Maurers, drafted the offer. The offer indicated that there were no exceptions to the standard warranties and representations stated in the contract ""EXCEPT AS SHOWN ON THE SELLER'S PROPERTY CONDITION REPORT. BUYER'S [sic] ACKNOWLEDGE RECEIPT OF A COPY OF THIS REPORT."" The addendum to the offer explained that it was contingent upon the Conells obtaining a satisfactory inspection report regarding the overall condition of the property. The contingency gave the Conells fourteen days to object in writing if the report was unsatisfactory. The addendum also contained the following provision related to representations: