Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Fann v. Mills

Because the real estate contract required the seller to supply a wood infestation report, the contract's merger clause did not bar the buyer's claims based on the alleged concealment of an unfavorable termite report.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After Dominique Mills purchased a house, she learned that it had termite damage and was prone to flooding. Mills then sued the following for fraud and negligent misrepresentation:1 Barbara Barker-the buyer’s agent; Margaret Ann Griffin-the seller’s agent; Wayne Fann-the broker for both agents; Wayne Fann, Inc. d/b/a Coldwell Banker-Wayne Fann Real Estate; and Kevin Willis—a workman who did repair work on the house prior to Mills’ purchase.2 The defendants moved for summary judgment, and the trial court denied their motions. In Case Number A00A2434, Fann, Griffin, and Wayne Fann, Inc. appeal, and in Case Number A00A2435, Barker and Willis appeal. As both cases involve the same operative facts, we have consolidated them on appeal. For reasons that follow, we affirm in part and reverse in part.

On motion for summary judgment, the movant must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in favor of the nonmovant, warrant judgment as a matter of law.3 So viewed, the record establishes that Marguerite Shenton decided to sell her home. In August 1994, she contacted her friend, Margaret Griffin, who was a real estate agent with Wayne Fann, Inc., to list the house for sale. On August 15, 1994, Shenton completed a seller’s disclosure form in which she noted that, in the past, the property had “drainage or flood problems” and that the city had installed a drain pipe and culvert to address the problem.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Court Commissioner

SALARY: $8,000.69 Biweekly$17,334.83 Monthly$208,017.95 AnnuallyOPENING DATE: 01/29/2025CLOSING DATE: 02/27/2025 11:59 PM PacificDEFINITION/...


Apply Now ›
(NEW) SUPERVISORY LITIGATION ATTORNEY WANTED FOR MULTISTATE REAL ESTATE FIRM (Remote Alabama)

Our client is seeking to hire a supervisory attorney for their growing Alabama team. Qualified candidates will have 8+ years of litigation...


Apply Now ›
(NEW) MID-SENIOR LEVEL LITIGATION ATTORNEY WANTED FOR MULTISTATE REAL ESTATE FIRM (Remote Alabama)

Our client , is seeking to hire a mid-senior attorney for their growing Alabama team. Qualified candidates will have 4+ years of litigatio...


Apply Now ›
Go to Lawjobs