Buyer Who Declined Mold Inspection Can Still Pursue Damages Against Broker

LOS ANGELES - A homebuyer who disregarded a written advisory to have a professional inspect the property for mold prior to sale nevertheless raised sufficient issues of fact to preclude a real estate broker's motion for summary judgment, a California appellate court has held. Sawaya v. Coldwell Banker Residential Brokerage Co., No. B215551 (Calif. Ct. App., 2nd Dist.).

A 2-1 majority panel in California's Second Appellate District on Aug. 30 reversed summary judgment awarded to Coldwell Banker Residential Brokerage Co., resurrecting misrepresentation, fraud and nondisclosure claims brought by Joanne Sawaya over a home purchase in Glendale, Calif.

Sawaya purchased …