Hinerman v. Rodriguez (Per Curiam Opinion)
Annotate this CaseThis appeal concerned the sale of a residence. The buyers, the plaintiffs below, sought compensatory and punitive damages from the sellers regarding water leakage in a basement storage room of the residence the buyers purchased. The leak was disclosed to the buyers after the signing of a purchase agreement and before the closing of the sale. In the complaint, the buyers also asked the circuit court to direct the sellers to proceed with the closing and deliver a deed to the buyers containing covenants of general warranty as specified in the purchase agreement. In granting partial summary judgment to the sellers, the circuit court concluded that the buyers' claims were without merit because they were on notice of the water leak prior to the closing of the sale. The Supreme Court reversed and remanded, holding (1) the sellers were not entitled to a judgment as a matter of law based on the purchase agreement; (2) the refusal of the circuit court to allow discovery constituted reversible error; and (3) the circuit court erred in failing to direct the sellers to deliver a deed to the buyers setting forth the language required by the purchase agreement.
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