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Real Property
Real Estate Purchase
Negligent Misrepresentation

Cedik, Mittelbach v. Home Realty Canyon Park, Smith

Published: Feb. 13, 1999 | Result Date: Nov. 24, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 962261653SEA Bench Verdict –  $0

Judge

Steven Scott

Court

King Superior


Attorneys

Plaintiff

B. Jacob Bozeman


Defendant

Joel E. Wright


Experts

Plaintiff

Robert R. Rothstein
(technical)

Facts

In 1995, the plaintiffs contracted to purchase a piece of property through the defendant real estate agent. The plaintiffs intended to use the property as a boarding house but could not because of a restrictive covenant. The plaintiff brought this action against the defendant based on a negligent misrepresentation theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $115,000. The defendant made an offer of $40,000.

Damages

The plaintiff claimed $260,000 in damages for loss of rental income and expenses incurred in acquiring and making improvements to the property, attorney fees and expectancy loss.

Other Information

The verdict was reached approximately two years and one month after the case was filed. A settlement conference was held on April 8, 1998 before Joanne Tompkins, of JDR resulting in no settlement.


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