Schwartz v. Morgan

KONENKAMP, Justice.

[¶ 1.] A purchaser of residential real estate brought suit against a seller for fraudulent concealment of the fact that the driveway encroached on a neighbor’s property. The jury returned a verdict in favor of the purchaser. Holding that there was insufficient evidence that the seller was aware of the encroachment, the circuit court granted a judgment notwithstanding the verdict. Because we find that the seller owed no duty to the purchaser by the time the suit was commenced, we affirm.

Background

[¶ 2.] In 1997, Gregg and Sharon Schwartz purchased a residence at 53 Sunset…