Hill v. Jones

Facts

After visiting the home a few times, Warren and Gloria Hill (plaintiffs) entered into an agreement with Ora and Barbara Jones (defendants) to buy their home. The agreement required the defendants to pay for and place in escrow a termite inspection report stating that the property was free from evidence of termites. The plaintiffs testified to having noticed some possible evidence of termite damage, such as a ripple in the floor. But the defendants stated that the ripple was from water damage, and the plaintiffs assumed the termite report would reveal the answers. The termite inspection report concluded that there was no visible evidence of termite infestation existed. The plaintiffs went through with the purchase, and later learned that the home had a history of termite issues. A second termite inspection found evidence of an infestation in the living room floor, steps, and wood columns, which cost the plaintiffs $5,000 to repair. The plaintiffs sued the defendants for misrepresentations about termite damage and failure to disclose history of termite infestations in the home. The defendants sought summary judgment.