Expert Testimony on Defect Not Needed where Buyers Claim Nondisclosure

WAUKESHA, Wis. - A Wisconsin appellate panel has affirmed judgment for homebuyers who alleged that sellers failed to disclose known defects in a basement wall, rejecting the sellers' contention that expert testimony on the defect's cause was needed. Keller, et ux. v. Gaszak, et ux., No. 2009AP3010 (Wis. Ct. App., Dist. II).

The Court of Appeals, District II, ruled on Dec. 8 that expert causation testimony is not needed where the plaintiffs' only allegation is misrepresentation.

Patrick J. and Margaret J. Keller sued Dennis and Laurie Gaszak after discovering basement cracks and a bulging basement wall in the house they …