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Jan 10, 2023

Defense Judgment Obtained in Real Estate Misrepresentation Matter

Baker Sterchi recently obtained a favorable, complete defense judgment at trial for a real estate firm client and its independent contractor, a Missouri licensed real estate agent, on claims of misrepresentation filed against them in Missouri state court. In the suit, a home buyer alleged that the clients, a listing agent and broker, as well as a co-defendant seller of the home, knew of but failed to disclose several purported material defects in the home prior to the sale. After a bench trial, the Court found that the there was no evidence that the client had superior knowledge as compared with the buyer as to any purported defect in the home. The Court further noted that the applicable Missouri statutes release a listing agent from any duty to conduct an independent inspection or investigation regarding the property’s condition for a buyer’s benefit. The Court ultimately concluded that, after weighing the evidence, the plaintiff failed to meet her burden of proof as to all defendants with respect to all of her claims. Judgment was entered in favor of the defendants accordingly.