Stechschulte v. Jennings

The opinion of the court was delivered by

Beier, J.:

The core issue of this appeal is the legal effect of a “Buyer Acknowledgment” in a residential real estate sellers disclosure form. Does it limit or destroy the buyer s ability to pursue the seller, the seller s agent, and the agent’s brokerage firm for breach of contract, fraudulent inducement and fraud by silence, negligent misrepresentation, and/or violations of the Kansas Consumer Protection Act (KCPA)? As we detail below, our resolution of this question picks up where we left off in Osterhaus v. Toth, 291 Kan. 759, 249 P.3d 888 (2011),…