Ok, here’s the latest. This is a case that’s been going on for about 8 months. The case involves the sale of a residential home. The sellers did not know that there was termite infestation in the home. The buyers purchased the property and are now suing for innocent misrepresentation. They voluntarily dismissed the fraud and breach of contract counts today. The key issues in the case are whether the buyer relied on the seller’s disclosure statement which indicated there was no personal knowledge of termite or carpenter ant infestation.
Based on these facts alone, what do you think? Does Plaintiff win? Why or why not?