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Remedies Keyed to Kovacic-Fleischer, 8th
Petrucelli v. Palmer
Citation:
596 F. Supp. 2d 347 (2009)Facts
Defendant Jeannine Palmer listed her weekend home on Candlewood Lake for sale and received multiple offers before accepting the Petrucellis’ offer of $900,000 in August 2007. The property measured only 0.109 acres and backed up to the lake shoreline, with the rear boundary determined by the 440-foot elevation contour line controlled by a power company. Prior to closing, Margaret Petrucelli hired professionals to conduct home inspections, water testing, radon testing, and septic system inspection. She visited the property multiple times, took measurements, and reviewed public records. The Petrucellis’ attorney drafted Schedule B, which was incorporated into the contract after multiple revisions, containing Palmer’s affirmative representations that all buildings and the septic system were located entirely within the property boundaries. Palmer signed Schedule B representing she had no reasonable cause to doubt its accuracy. Within weeks of the September 2007 closing, a survey revealed that a corner of the house and most or all of the septic system were located beyond the rear boundary on land controlled by the power company. The Petrucellis immediately demanded rescission, which Palmer refused, leading to this federal diversity action.
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