Jackowski v. Borchelt
Annotate this CaseAfter a landslide damaged their home, homeowners Timothy Jackowski and Eri Takase (the Jackowskis) sued the sellers of the home, seeking rescission or, in the alternative, damages for fraud, fraudulent concealment, negligent misrepresentation, and breach of contract. The homeowners also sued the sellers' broker and agent, alleging fraud, fraudulent concealment, negligent misrepresentation, and breach of common law fiduciary duties. They leveled similar claims against their own broker and agent together with a claim for breach of statutory fiduciary duties. The trial court entered summary judgment dismissing all of the Jackowskis' claims, except the fraudulent concealment claims against the sellers and the sellers’ broker and agent regarding cracks in the concrete basement floor. The Court of Appeals affirmed that decision in part and reversed it in part. The sellers and the homeowners’ broker and agent then sought review by the Supreme Court. Upon review, the Supreme Court affirmed the Court of Appeals’ decision and remanded the case to the trial court for further proceedings.
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