We sent a law clerk over to the courthouse and dug it up: http://www.nachi.org/documents/goldstein-vs-jensen-et-al.pdf
I don’t know how they are going to hold the agent liable for nondisclosure. I thought that liability fell on the seller.
Over the years (10) I have noticed that when they sue concerning a home sale they sue everyone that was there. we are either lucky or good but so far its never been much of a problem for us. We have noticed a big jump in lawsuits, requests for our reports etc. as compared to past years - bad economy / more lawsuits. Many inspectors just don’t bother with an aggreement, big mistake.
As for agents how can you feel sorry for them?
**Radon Testing - Mold Inspections - Mold Testing - Allergen Screening **
Volatile Organic Compounds Testing - Odorous/Chinese Drywall Assessment (more ACAC board Certified Indoor Environmentalists than any company in Southwest Florida)
Professional Liability / $1,000,000 General Liability and Errors & Omissions Insurance (Covers preliminary mold assessments and also “Chinese” Drywall Inspections)
Microbial Consulting Coverage: $1,000,000 / $1,000,000 limit / claims made (Covers Post mold remediation inspections/testing, CLEARANCE)
I wonder where they are getting that the agent “new or should have known” of the defects. How is the agent supposed to know that there is Chinese drywall or a leaking pool?
I didnt read the whole complaint yet (have to run), but it says in excess of $15,000.00. I wondere what that means. At the low end, that is nothing for a Chinese Drywall claim.
As a side note: All inspectors be ware. I know of an inspector in Florida who just got a fat letter from an attorney suing him for Chinese Drywall found in a house. Looks like the fun is just getting started.
It’s meant to bump it up out of small claims.