Thursday, January 19, 2006
S.C. Court of Appeals holds in real estate case that a misrepresentation without damages is not actionable
In Schnellmann v. Roettger, the Schnellmans sued the Roettger misrepresenting in the listing that the home they eventually bought was over 3000 square feet when it was really 2987 square feet. The Court of Appeals affirmed the trial court's grant of summary judgment on the ground that there was no damage. The home appraised for more than the Schnellmans paid for it and therefore they were not harmed by the square footage misrepresentation.
Posted by william at 10:39 PM