Jury Awards Home-Buyer Contract Damages

Thom K. Cope and Jeanna Chandler Nash, partners with Udall Law Firm, received a recent victory for the plaintiff, a Scottsdale, Arizona home-buyer, against two Arizona real estate agents for failing to disclose material facts to the buyer.

In February 2008 the plaintiff purchased a Scottsdale, Arizona house for $1.8 million. After taking possession of the house in July 2008 the buyer discovered that several houses in the neighborhood had severe settlement issues with damages ranging from $250,000 in repairs, to complete demolition of the damaged home. The defendants acted as dual agents and were the previous listing agents for the damaged houses, making them fully aware of the settlement issues. After a five-day jury trial held in Phoenix, Arizona, the jury found in favor of the plaintiff, awarding the buyer the amount of the contract damages equal to the real estate commissions that were paid.

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