The Via Ventana Trust v. Michael D. Roy aka Michael Roy, Sandra J. Roy aka Sandra Roy, Summit Real Estate Group, Ken Olsen
Published: Aug. 3, 2004 | Result Date: Oct. 7, 2003 | Filing Date: Jan. 1, 1900 |Case number: 02CC07507 Bench Decision – $205,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Benjamin T. Morton
(Gordon & Rees LLP)
Defendant
Experts
Plaintiff
Doug Echelberger
(technical)
Joseph C. Spurgeon
(technical)
Facts
The Via Ventana Trust purchased property from Michael Roy and Sandra Roy (the Roys) through Summit Real Estate Group and Ken Olson (the Agents), who acted as agents for the Roys. The Agents represented to plaintiff that the real property, located in San Juan Capistrano, included 5,300 square feet of liveable space, and that, as such, plaintiff was getting a great deal. The Roys, who were present when the representation was made, did not dispute it, although plaintiff was later informed by a tax assessment on the property that the actual liveable square footage was 4,628. After plaintiff and the Roys entered into a Residential Purchase Agreement and Joint Escrow Instructions, the Roys and the Agents executed a written Transfer Disclosure Statement (TDS) which disclosed only a pre-existing soil settlement condition. The TDS indicated that the property had no flooding, drainage or grading problems and that it had suffered no damage as a result of flooding. After the close of escrow, and before moving in, plaintiff visited the property unannounced, and discovered that the family room had flooded and was in the process of being dried out. The room had previously flooded and was perpetually moist, a condition that caused severe structural damage and has resulted in the spawning of mold in the family room. The Via Ventana Trust alleged that the defendants misrepresented the square footage of the property, that the property had no flooding problems, and that the property had not suffered any damage from flooding. Via Ventana also alleged that defendants failed to disclose past instances of flooding and the resulting structural damage.
Damages
Not reported.
Other Information
A motion for a new trial was denied.
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