Texas Court Affirms Judgment for Home Seller, Assesses Costs Against Buyer

FORT WORTH, Texas -- Texas' 2nd District Court of Appeals on July 29 affirmed summary judgment for a home seller, finding that the plaintiff homebuyer failed to show reliance on the Seller Disclosure documents. Head v. Finley, et al., No. 2-03-296-CV (Texas Ct. App., 2nd Dist.).

In 1998, plaintiff Jacqueline C. Head attended the open house of defendants Alfred and Susan Finley, where she obtained a 1997 Seller's Disclosure Notice. In the notice, the Finleys denied knowing of any defects in the roof and or that the house had any water penetration, the court said.

At Head's behest, attorney …