Calland v. Carr (Lawyers Weekly No. 002-090-15, 12 pp.) (David Norton, J.) 9:14-cv-00420; D.S.C.
Holding: Where the plaintiff-buyers’ own inspector and an Official South Carolina Wood Infestation Report both indicated there was water damage in the house plaintiffs were buying, but where plaintiffs decided to close on the house anyway, plaintiffs cannot show that they relied on the defendant-sellers’ disclosure statement.
The court grants defendants’ motion for summary judgment.
Even though the sellers knew of past problems with the house, the sellers undertook to address those problems, and the buyers have failed to put forth sufficient evidence that the sellers knew of current problems with the house when they filled out the disclosure statement.
