Ohio Court Affirms Judgment for Seller Accused of Hiding Defects

CANTON, Ohio - An Ohio appellate court has affirmed summary judgment for a home seller accused of intentionally concealing defects that the buyers claim led to water intrusion and mold in their home. Prosser, et al. v. Lutz, No. 2007CV0233 (Ohio Ct. App., 5th Dist.).

Ohio's 5th Appellate District ruled on Feb. 28 that Timothy and Nancy Prosser failed to show that the seller's real estate disclosure statement was not accurate or that they could not have relied on it to discover the extent of problems in the home.

The Prossers alleged that Jonathan Lutz failed to disclose the …