Osterhaus v. Toth

Marquardt, J.:

Jason L. Osterhaus appeals the district court’s grant of summary judgment to Jean Betty Toth, individually; Jean Betty Toth, as trustee of the Marvin E. Toth and Jean Toth, co-grantor trust dated October 31,1989; Jeffrey S. Schunk, Toth’s real estate agent (Schunk); and TopPros Real Estate, Inc., Schunk’s real estate agency (TopPros). We affirm in part, reverse in part, and remand.

Mark and Cathy Ross put their Overland Park home on the market in March 2001. They completed a seller’s disclosure statement acknowledging movement of walls or foundation and water leakage in the…