Summary Judgment – Real Estate Negligent Misrepresentation

Tampa Associate Kathryn Lopez obtained summary judgment in Sarasota in a residential real estate negligent misrepresentation case. Plaintiff claimed their client, the listing agent and broker, negligently misrepresented to the buyer that home was on public sewer as opposed to septic tank. Plaintiff claimed he would not have purchased the home if it was on a private septic tank, and that the backed up water and damaged piping from the septic tank cost him $60,000+ in repairs.

Kathryn successfully argued that their client did not know, nor was there any reason they should have known, that the home was on private septic and there was no competent record evidence showing otherwise. The court agreed and granted summary judgment. A Proposal for Settlement was served early in the case allowing for the recovery of attorney’s fees and costs.