Watterud v. UhrenAnnotate this Case
After Buyers purchased a home, they discovered mold growing in the basement. Buyers sued the Sellers’ real estate agent (Agent), alleging negligence. Specifically, Buyers claimed that Agent was obligated to discover adverse material facts about the property and to disclose those facts to them. The district court granted summary judgment for Agent, concluding that the Agent had no duty to Buyers to discover adverse material facts about the property. The Supreme Court affirmed, holding that Agent was entitled to judgment as a matter of law on the question of duty because Buyers’ negligence claim against her was premised upon inspection and discovery duties that do not exist.