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CONFIDENTIAL

May 28, 2003

Real Property
Failure to Disclose
Water Damage

Confidential

Settlement –  $250,000

Judge

Lisa Hart Cole

Court

L.A. Superior Beverly Hills


Attorneys

Plaintiff

Steven U. Ross


Defendant

Karen R. Palmersheim

Daniel L. Goodkin

James M. Chantland

Douglas K. Schreiber


Facts

The plaintiffs purchased a single family home from the Cohen defendants. Both sides were represented by Fred Sands Realty (now Coldwell Banker). Soon after escrow closed, the plaintiffs discovered major plumbing problems and water leakage damage, including mold. The plaintiffs contended that the real estate brokers failed to provide a copy of a termite report to plaintiffs prior to the close of the escrow. Broker Kaaren Kurtzman was dismissed by way of summary judgment on the grounds that she breached no duty to disclose and that plaintiffs could not establish causation.


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