Deckert v. Foster

Pope, Presiding Judge.

In this case, the trial court granted summary judgment against homebuyers who claim that the seller’s real estate agents passively concealed defects in the property.

Debbie and Robert Deckert purchased a home that contractor Steve Foster built on a steep slope. To control drainage and erosion, Foster terraced the slope, built retaining walls, and contoured the lot to direct drainage away from the home. Keg Realtors, Inc. and its employees, Diane Childress and Dirinda Maxwell, acted as Foster’s agents for the sale. Within a month or two after the sale, some of the drainage…