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Real Property
Failure to Disclose
Soil Conditions

Amirian, et al. v. Coldwell Banker

Published: Jun. 3, 2000 | Result Date: Feb. 25, 2000 | Filing Date: Jan. 1, 1900 |

Case number: EC024379 Bench Decision –  $0

Judge

Charles C. Lee

Court

L.A. Superior Central


Attorneys

Plaintiff

Michael J. Melton


Defendant

H. James Keathley
(Keathley & Keathley LLP)


Facts

The plaintiffs purchased a home in Glendale, and hired a licensed civil engineer to inspect it. The sellers had
notified the buyers of numerous cracks in the interior and exterior walls.
The plaintiffs received a written report from the engineer, which disclosed the existence of the cracks. The
plaintiffs were informed by the sellers and the engineer that the cracks were from the house settling. Other
documents also detailed the existence of the cracks.
The plaintiffsÆ real estate agent advise them to have a geological inspection done of the property prior to the
close of escrow, but plaintiffs did not.
The plaintiffs contended that the cracks were from severe and chronic structural defects caused by earth
movement of a hillside during the El Nino rains of 1997.


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