'Failure to Disclose' Argument Does Not Meet Reliance Condition in Case Re: Sale of a Termite Infested & Moldy Home

ST. LOUIS - A couple who purchased a house and discovered mold and termite damage after the sale were unsuccessful in their appeal of a trial court's ruling in favor of the sellers because, according to the appeals court, they did not establish their reliance on the sellers' claims. Donald L. McClain and Mary L. McClain, Plaintiffs/Appellants, v. Raymond Papka and Jean Papka, Defendants/Respondents, No. ED81182 (Mo. Ct. App., E.D.).

The appeals court stated in its April 1 opinion not only that the sellers performed their obligation to disclose, but also that the buyers had enough information to suspect the …