Court Finds Homebuyers Waived Nondisclosure Claims

RIVERHEAD, N.Y. - A New York trial court has granted home sellers' motion for summary judgment after concluding that "as is" and inspection waivers in the sales contract bar buyers' claims that the sellers failed to disclose existing mold damage. Kagan v. Freedman, No. 5777/07 (N.Y. Sup. Ct., Nassau Cty.).

Nassau County Supreme Court Justice Roy S. Mahon granted Andrew and Michelle Freedman's motion for summary judgment on Oct. 24, rejecting assertions by homebuyers Aaron and Sharon Kagan that the Freedmans traded on the parties' friendship in persuading the Kagans not to hire an outside mold inspector before buying the …