Skip to main content
A Better Partnership
October 20, 2011

COA Opinion: Seller's agent can be liable for misstatement about environmental condition of property

In Alferi v. Bertorelli, No. 297733, the Court of Appeals considered the liability of a seller's agents for claims of negligent misrepresentation and silent fraud based upon an alleged misstatement that the property in question had been cleaned up when, in fact, it was still significantly contaminated. After trial finding defendants liable, the Court of Appeals affirmed the trial court's denial of defendants' dispostive motions arguing that they did not owe a duty to plaintiffs. Specifically, the Court of Appeals found that it was proper to conclude that the agents had a duty to disclose the information where the Department of Environmental Quality had advised the defendants that the sales information they were providing potential purchasers was inaccurate and where the plaintiffs had made direct inquires about the condition of the property. Additionally, the Court of Appeals found it was reasonable for plaintiffs to have relied on agents' statements where other sources, including the local newspaper, also indicated that the site had been cleaned up.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset