Appeals Court Reinstates Couple's Claims Against Sellers

DAVENPORT, Iowa - Iowa's Court of Appeals has held that a trial court's ruling that homebuyers failed to establish proximate cause in bringing fraud and nondisclosure claims against former owners was not supported by substantial evidence and necessitates a new trial. Hammes v. JCLB Properties, LLC, et al., No. 8-570 / 07-1815 (Iowa Ct. App.).

The court's Dec. 17 opinion reinstated claims by Kelly and Jesse Hammes, who allege that the former owners of their home failed to disclose known water problems that caused mold and significant property damage after the purchase.

The Hammeses purchased a home from JCLB Properties …