Facts

On Feb. 9, 2003, plaintiff/claimant real estate investor Alana Stewart made an offer to buy a residential property from defendant/respondent seller Joseph Varet. Counter offers were made, resulting in an agreement to sell the property to claimant for $1,150,000. Stewart, concerned about mold and drainage issues, also had Varet sign a statement as part of the escrow process assuring that the conditions creating the mold would be remedied.

However, when she investigated, she discovered that the numerous defects had not been repaired, including a crack in the foundation and black mold.

PETITIONER'S CONTENTIONS:
Stewart contended that Varet committed fraud and concealment regarding repairs to residential property. Stewart's counsel contended that by having Varet sign the mold statement during escrow, Varet was put on notice that she would not close unless the seller remedied the conditions.

RESPONDENT'S CONTENTIONS:
Varet contended that Stewart should have inspected more thoroughly.

Result

In a binding arbitration proceeding, retired Superior Court Judge Hon. Enrique Romero found for the petitioner, Alana Stewart in an amount in excess of $375,000. This includes $32,000 for relocation damages. The award was confirmed before Judge Ronald M. Sohigian on Jan. 26, 2007. The award has been paid in full. The plaintiff's attorney was awarded an additional $188,963 in attorney fees and an additional $36,166 in costs.