Calif. Court Affirms Judgment, Finds 'As Is' Clause Void

FRESNO, Calif. - Post-sale conduct by the homebuilder and buyers to remediate mold problems voided the home's 'as is' sale provision, a California appellate court held in affirming judgment for the homeowners. Doug E. Akins, et al. v. Kevin Fistolera, No. F041491, Calif. App., 5th Dist.).

In an unpublished opinion entered Feb. 24, California's Fifth Appellate District affirmed a $69,071.50 judgment by the Tulare County Superior Court for Doug E. and Stephanie Akins against builder Kevin Fistolera. That judgment included $40,000 in damages, less $5,000 in a pre-settlement with another third-party, attorney fees of $32,038.75 and $2,032.75 in costs.

The …