Mich. Court Affirms Judgment For Seller on Buyer's Claims of Misrepresentation

DETROIT - Homebuyers relied on their own inspector and failed to show reliance on any claimed misrepresentations by sellers on prior water damage or mold, a divided Michigan appellate court said Sept. 15 in affirming summary judgment for the sellers. Nalepka v. Hnatio, No. 262000 (Mich. Ct. App.).

Mark and Kimberly Nalepka sued James and Walda Hnatio for breach of contract, fraud and negligent misrepresentation shortly after purchasing a home from the Hnatios. The Nalepkas complained that the Hnatios misrepresented the age of the roof, concealed mold damage, prevented an inspector from fully examining the attic, and falsely stated that …