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Real Property
Breach of Fiduciary Duty
Real Estate Negligence

Latrell Sprewell v. Nina Jurjevic, Mason-McDuffie Real Estates Inc. dba Prudential California Realty

Published: Jul. 7, 2009 | Result Date: Apr. 6, 2009 | Filing Date: Jan. 1, 1900 |

Case number: RG06258200 Verdict –  $539,880

Court

Alameda Superior


Attorneys

Plaintiff

Vernon C. Goins II


Defendant

James Mills M.A.


Facts

On July 19, 2002, plaintiff Latrell Sprewell failed to disclose a water intrusion problem when he sold his home in Hayward. After the case went to arbitration, Sprewell lost and was required to pay $539,880 to the buyer.

In 1995, Sprewell had notified his broker, defendant Nina Jurjevic, that the basement carpet was wet. To solve the problem, Jurjevic purchased a sump pump. When Sprewell hired Jurjevic to sell his home in 1998, she failed to disclose the existence of the sump pump. As well, Jurjevic failed to disclose further water intrusion problems, grading problems, and drainage problems in the transfer disclosure statement. After the buyer discovered the issues, he sued Sprewell who sought to be indemnified by Jurjevic and her brokerage firm, defendant Mason-McDuffie Real Estate Inc.

Contentions

PLAINTIFF'S CONTENTIONS:
Sprewell contended that the defendants' failure to properly disclose the problems with the home caused him to lose a significant amount in a damages award to the buyer. Sprewell argued that the defendants' breach of fiduciary duty and negligence led to a lawsuit against him.

DEFENDANTS' CONTENTIONS:
The defendants denied all allegations.

Damages

Sprewell sought damages in the amount of $539,880.

Result

The jury found in favor of Sprewell in the amount of $539,880.

Deliberation

one day

Length

two weeks


#108753

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