ROSS V. POWELL
Real Estate Sale (misrepresentation; summary judgment)
PUBLISHED: AFFIRMING; WINTERSHEIMER
DATE RENDERED: 11/22/2006
The Supremes affirmed CA which affirmed the summary judgment granted in favor of the Powells (sellers) finding that adequate and complete disclosures were made by the Powells. The Ross’s also relied on their own professional inspections as the basis of the decision to purchase the property.
The Ross’s needed to prove six elements of fraud by clear and convincing evidence as follows: a) material representation b) which is false c) known to be false or made recklessly d) made with inducement to be acted upon e) acted in reliance thereon and f) causing injury.
There was no evidence to show that the disclosures were untruthful or misleading when they were made.