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Ainsworth v Perreault

The sellers did not fraudulently conceal a defect in their home by failing to disclose prior satisfactory repairs.

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Scott and Lori Ainsworth “plaintiffs” filed this action against William and Barbara Perreault “defendants” alleging fraud and breach of contract claims. The case arose from plaintiffs’ purchase of defendants’ home in January 1996. Plaintiffs claim that defendants misrepresented material facts about the swimming pool, concealed material defects of the pool, and breached the contract by failing to transfer the warranty on the pool. The court granted defendants’ motion for summary judgment, concluding that the alleged misrepresentations were made outside the contract; that defendants had no affirmative duty to disclose prior repairs to the pool, as the defects did not exist at the time of the closing; and that defendants did not breach the contract by failing to transfer a nontransferable warranty on the pool. This appeal followed. We affirm.

The record shows that defendants hired Atlas Pools “Atlas” to construct a vinyl liner swimming pool at their home in 1989. The contract between defendants and Atlas contained a limited warranty provision in which Atlas warranted that the pool would remain structurally sound for the period of time the pool was owned by defendants. The contract further stated that the warranty would become void “if there was a transfer or change of ownership of the real property on which the pool is located.”

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