Hill v. Jones
Hill v. Jones
Facts
The plaintiffs entered into an agreement with the defendant’s to purchase the defendant’s home for $72,000. The agree provided that the seller were to pay for and place in escrow a termite inspection report stating that the property was free from evidence of termite infestation. In one of the early visits to the house, the plaintiffs had noticed a small ripple in the floor, wondering if that was termite damage. The termite inspection report had stated that there was no visible evidence of infestation. The report had failed to note the existence of physical damages of evidence of previous treatment. Neither party say the report prior to escrow. After moving into the house, the plaintiffs saw a pamphlet indicating that the house had some termite infestation. An exterminator came and estimated that the cost to repair the damage would be $5000. The plaintiffs learned that the defendants had previously been given termite guarantees by the previous sellers. The defendants had not mentioned any of this information to the plaintiffs prior to the close of escrow. There was physical evidence on the property that termite treatment had been done. The termite inspector came back and realized that there was termite damage but argued that he should have been told about the previous history.
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Topic Resources
Topic Outline
Defenses to FormationTopic Refresher Course
Excuse to PerformanceTopic Charts & Notes
Defenses