Ballagh v. Fauber Enters.Annotate this Case
After Plaintiff bought a parcel of property from Fauber Enterprises, Inc., the basement of the house flooded when it rained. Plaintiff filed a complaint against Fauber, Fauber’s real estate agent, and others, alleging violations of the Virginia Consumer Protection Act (VCPA). The jury returned a verdict in favor of Defendants. Plaintiff moved for a new trial, arguing that the instructions given on the standard of proof were incorrect. The circuit court denied the motion. The Supreme Court reversed, holding (1) a plaintiff must prove a violation of the VCPA by a preponderance of the evidence; and (2) therefore, the circuit court erred by concluding that Plaintiff was required to prove her VCPA claims by clear and convincing evidence. Remanded.