An appellate court has ordered two real estate agents to stand trial for failing to tell the buyers of a $2.3 million home that its elevator was the scene of a deadly accident.
In an unpublished decision, the appeals court refused to dismiss claims against the agents because they failed to mention the accident when one of the buyers asked if the elevator was safe. The elevator accident was subject to disclosure because it constituted both material information about the physical condition of the property and a “psychological impairment,” akin to a murder or suicide occurring in the home, the appeals court said.
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