Friday, March 23, 2012

Obde v. Schlemeyer case brief

Obde v. Schlemeyer; (Sup. Ct. of WA, 437); CB 437; Notes 53
  • Facts: D purchase house that is unbeknownst to them, infested w/ termites. P previously made attempt to exterminate termites, but refuse to do more because of expense. Ds learn this from neighborhood exterminator. P never revealed seriousness of infestation at any point in transaction. Floor covering was in place to cover all the work that was done when Ds visited the house. P asserts no duty to disclose, and that D barred from recovery for fraud since D continued to make payments on house to 3rd party.
  • Issue: whether the Ds had a duty to inform the Ps of the termite condition.
  • Holding: Where concealed, dangerous defect know to seller and cannot be discovered by buyer upon reasonable examination, and defect not disclosed, fraud has been committed.

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