Court Rejects Homebuyers' 'Conclusive' Evidence of Harm

SANTA ANA, Calif. - A California appellate panel has affirmed a defense verdict in a trial over alleged non-disclosures by the seller of a $2.5 million home, rejecting the buyers' argument that evidence of water damage was incontrovertible. Collins v. McGee, No. 05CC09933 (Calif. Ct. App., 4th Dist.).

The ruling by California's Fourth Appellate District came in an unpublished opinion on Dec. 11.

Candice and Paul Collins sued Jimmie McGee after discovering during extensive renovations what they contended were undisclosed problems with the waterfront home they purchased from McGee in 2004. The alleged problems included water intrusion around balconies and …