Ohio Court Affirms $134,500 Verdict and Judgment for Buyers

CLEVELAND - An Ohio appellate court affirmed a $134,500 verdict for homebuyers who alleged that sellers misrepresented flooding and mold problems prior to the sale, but declined to reverse the trial court's denial of the buyer's demand for rescission. Zappitelli v. Miller, No. 85895 (Ohio Ct. App., 8th Dist.).

Tony and Nina Zappitelli sued Lawrence W. and Karen J. Miller in Cuyahoga Common Pleas Court in September 2003, seeking rescission and damages for the Miller's alleged fraud in the sale of a home in Broadview Heights, Ohio.

The Zappitellis complained that they experienced significant flooding eight days after the …