Johnson v. Brado

A jury found that William A. Brado d/b/a Cascade Brokers, and Delia Hinkle, an agent of Advanced Real Estate, Inc., had made negligent misrepresentations to Ken and Nancy Johnson concerning a home they had purchased. The trial court submitted an instruction to the jury on the issue of waiver. By special verdict, the jury found the Johnsons had waived their right to claim damages. The Johnsons appeal; we reverse and remand.

Theresa Lafferty, the seller of the home who is not a party to this action, executed a listing agreement with Mr. Brado. On the listing agreement, Ms. Lafferty indicated her…