Ohio Court Reverses $126,858 Negligence Judgment Against Coldwell Banker

CLEVELAND - An Ohio appellate court has vacated a $126,858 award to homeowners over alleged negligence by their real estate broker, saying that any breach by the defendant broker was immaterial because the homeowners had themselves been found liable for intentionally misleading prospective buyers. Miller v. Coldwell Banker Hunter Realty, et al., Nos. 93529 and 93662 (Ohio Ct. App., 8th Dist.).

The Eighth District Court of Appeals noted that Coldwell Banker Hunter Realty could have been found jointly liable to homebuyers in an earlier lawsuit, but settled before that court assessed damages against the sellers.

At issue in this case …