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Keywords

contractbreach of contractsummary judgment
contractbreach of contractsummary judgment

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Donnelly v. Taylor, 122 Ohio Misc.2d 24, 786 N.E.2d 119, 2002 -Ohio- 7461

Facts

In the fall of 1999, the Taylors listed their house for sale, which was purchased by the Donnellys. The purchase agreement included an 'as is' clause, indicating that the Donnellys accepted the property in its current condition. After moving in, the Donnellys discovered bats in the house, leading them to file a complaint against the Taylors for various causes of action, including breach of contract and fraud.

In the fall of 1999, Mr. and Mrs. Taylor listed their house for sale. The house was located in Lodi, Ohio, on Prospect Street. The listing agency was Padgett–Young in Lodi, Ohio. The house was purchased by Mr. and Mrs. Donnelly. The Donnellys never talked directly to the Taylors. All of their conversations went through either the real estate agent or the Taylors' son.

Issue

Did the Taylors actively conceal the existence of bats in the house, thereby breaching the contract or committing fraud against the Donnellys?

Did the Taylors actively conceal the existence of bats in the house, thereby breaching the contract or committing fraud against the Donnellys?

Rule

When a real estate buyer agrees to accept property 'as is,' the seller is relieved of the duty to disclose defects unless there is fraudulent misrepresentation or concealment.

When a real estate buyer contractually agrees to accept real property 'as is,' the seller is relieved of any duty to disclose that the property is in a defective condition.

Analysis

The court analyzed whether the Donnellys could demonstrate that the Taylors had actively concealed the presence of bats. It concluded that the Donnellys did not provide sufficient evidence to show that the Taylors had taken steps to hide the bats, especially since the Donnellys had the opportunity to inspect the property and the contract contained an 'as is' clause.

The court analyzed whether the Donnellys could demonstrate that the Taylors had actively concealed the presence of bats. It concluded that the Donnellys did not provide sufficient evidence to show that the Taylors had taken steps to hide the bats, especially since the Donnellys had the opportunity to inspect the property and the contract contained an 'as is' clause.

Conclusion

The court granted summary judgment in favor of the Taylors, concluding that the Donnellys could not recover for breach of contract or fraud due to the lack of evidence showing active concealment of the bats.

The court granted summary judgment in favor of the Taylors, concluding that the Donnellys could not recover for breach of contract or fraud due to the lack of evidence showing active concealment of the bats.

Who won?

The Taylors prevailed in the case because the court found that the Donnellys failed to prove any active concealment or misrepresentation regarding the bats.

The Taylors prevailed in the case because the court found that the Donnellys failed to prove any active concealment or misrepresentation regarding the bats.

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