Fowler v. Cooley

Defendant appeals a judgment for plaintiff in an action under the Oregon Unlawful Trade Practices Act (UTPA), ORS 646.605 to 646.656. Plaintiff sought damages arising from defendant’s sale to plaintiff of a single-family home that had a water leak in the basement. Plaintiff alleged that defendant had misrepresented that the house was of sound quality and character and had failed to disclose the material defect that the basement leaked. See ORS 646.608(l)(e), (t). After a bench trial, the court awarded plaintiff $12,266.96 in damages. On appeal, defendant assigns error to (1) the trial court’s…