Court Warns Buyers of Caveat Emptor Doctrine

CLEVELAND - Homebuyers who knew of basement cracks and prior sump problems prior to the purchase cannot maintain a fraud claim against the sellers based on those defects if they later experience water intrusion, an Ohio appeals court has held. Thaler, et al. v. Zovko, et al., No. 2008-L-091 (Ohio Ct. App., 11th Dist.).

In affirming summary judgment for William and Joan Zovko, Ohio's 11th Appellate District said in its Dec. 24 opinion that buyers who experience latent defects but fail to show any reliance on misrepresentations are subject to the caveat emptor doctrine.

Wayne and Kathleen Thaler alleged in …