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Consumer Law Keyed to Pridgen, 5th Ed.
Layman v. Binns
Citation:
519 N.E.2d 642, 35 Ohio St.3d 176 (1988)Facts
The Laymans purchased residential property from the Binns. During their inspection of the property, Mr. Layman observed steel bracing in the basement but assumed it was part of the normal structure of the house. After the purchase, the Laymans discovered that the basement wall was bowed, bulging between one to three inches, and that the steel beams had been installed to support the defective wall. The defect was described by expert witnesses as obvious and highly visible to those with experience in construction and real estate. However, the Laymans’ sales agent, Ramona Olding, did not notice the defect even though she showed the house twice. Mr. Binns had informed his realtor of the defect and instructed him to tell the Laymans, but the realtor failed to communicate this information to either the Laymans or their agent.
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