Peter Thompson and others (collectively, Thompson) purchased condominium units built by Toll Dublin, LLC, in Building 13 of one of its residential developments, through real estate agents including Toll Brothers Real Estate, Inc., and James Boyd.

Subsequently, Thompson discovered that Building 13 was saturated with water that caused mold to form. Thompson felt that Toll Dublin, Toll Brothers, and Boyd knew about the mold, but had not told him so that he would close escrow on his unit.