Sellers' Inspection Offer Dooms Buyers' Misrepresentation Claim

FRANKFORT, Ky. - The Kentucky Court of Appeals has affirmed summary judgment for home sellers and a building supplier on air quality claims brought by a couple who alleged that the sellers misrepresented air quality issues. Sims v. Weyerhaeuser Co., et al., No. 2007-CA-001683-MR (Ky. Ct. App.).

The court dismissed the appeal of the ruling in favor of Weyerhaeuser Co. as untimely, and concluded that Tyler and Carlyne Sims' failure to take advantage of an inspection offer by the sellers precluded any later misrepresentation claim.

The Simses alleged that toxins in a home purchased from William F. and Carol D. …