Davis|Stibor Gets Summary Judgment for America’s Fastest Growing Real Estate Company

Davis|Stibor was retained by America’s fastest growing real estate company to defend it in a case where the plaintiff alleged that its agent and broker wrongfully told her that mold does not exist in Southern Nevada, and she therefore did not need to conduct a mold inspection of the home she sought to purchase.  After purchasing the home, Plaintiff discovered significant water damage and mold that was hidden by the prior owner.  Plaintiff sued her own realtor, the seller’s realtor and the owner seeking compensatory and treble damages.  Discovery revealed that the Plaintiff signed a mold disclosure acknowledging that mold does exist in Southern Nevada, and it is therefore advisable to obtain a mold inspection before purchasing a home.  The Plaintiff also testified during her deposition that the alleged statement that mold does not exist in Southern Nevada was made before she signed the mold disclosure.  Based on these facts and testimony, Davis|Stibor moved for summary judgment arguing that Plaintiff’s claims were barred by the parol evidence rule.  The trial court agreed, and dismissed all of Plaintiff’s claims against our client before the trial.  The dismissal saved our client tens of thousands of dollars in attorney’s fees, and potential compensatory and treble damages.