Ikola v. Schoene

A jury question remained as to whether a realtor and its agent were negligent in representing the plaintiff in a real estate sales transaction where the evidence showed that the realtor actively discouraged the plaintiff from obtaining a professional inspection.

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Irene Schoene, a real estate agent associated with RE/MAX All-Stars, Inc., represented Faith M. Ikola in connection with the purchase of a home in Fayetteville. Following the first significant rainfall after closing on the home, Ikola and her husband, Grant, discovered water streaming into the basement through the sump pump and the baseboards. Ikola sued Schoene, RE/MAX, and the sellers, asserting that the defendants fraudulently concealed the leakage problem in the basement and that Schoene breached her contractual and statutory duties to Ikola. Schoene and RE/MAX filed a motion for summary judgment,1 which the trial court granted. Ikola appeals. We reverse, holding that whether Schoene violated her duties under the Brokerage Relationships in Real Estate Transaction Act “BRRETA” is an issue of fact for a jury to decide.2 “When ruling on a motion for summary judgment, the trial court should give the party opposing the motion the benefit of all reasonable doubt and should construe the evidence and all inferences and conclusions therefrom most favorably toward that party.”3 We conduct a de novo review of the law and the evidence on appeal from the grant or denial of a motion for summary judgment.4

Construed in favor of Ikola, the evidence shows that Schoene attended church with the sellers and had previously listed the house for sale on their behalf. The listing, and Schoene’s representation of the sellers, had expired before she was engaged by Ikola. Schoene disclosed her prior representation of the sellers to Ikola, but not the fact that they attended the same church.

Ikola v. Schoene

A jury question remained as to whether a realtor and its agent were negligent in representing the plaintiff in a real estate sales transaction where the evidence showed that the realtor actively discouraged the plaintiff from obtaining a professional inspection.

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