Kan. Appeals Court Cites Purchase Contract in Vacating $1.1 Million Verdict

WICHITA, Kan. - The Kansas Court of Appeals on March 10 vacated a $1.1 million judgment for homebuyers who sued the sellers for water and mold damage in their home, saying that the warranty waiver and other language in the sales contract precluded post-sale claims for negligent misrepresentation. Phillips v. Tyler, No. 93,146 (Kan. Ct. App.).

William L. and Jeanine L. Phillips sued G. Ronald and Linda S. Tyler in 2003, alleging that the Tylers hid the extent of roof and other defects in the Wichita home the Phillips purchased in 1998.

The Phillipses alleged negligent misrepresentation, negligent failure …