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Buyer sanctioned for frivolous lawsuit

Aug 01, 2014

A California appellate court has affirmed the award of $60,000 in sanctions against a homebuyer for pursuing a meritless disclosure lawsuit against the seller and seller’s real estate representative. 

In 2009, Joanne Peake (“Buyer”) purchased a home from Marviel and Deanna Underwood (“Sellers”).  Two years later, Buyer sued Sellers and Sellers’ broker, Paul Ferrell (“Listing Broker”) for allegedly failing to disclose defective subflooring in the home caused by water drainage problems.  Buyer stated in her suit that she only became aware of the defective flooring after her son’s foot broke through a bathroom floor. Read More

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