Estate of Wesley E. Smith v. Ware

The sole issue concerns attorney fees to which defendant may be entitled under ORS 646.638(3).

Plaintiffs 2 alleged that defendant misrepresented the existence of a septic system on property purchased from defendant. Their complaint pleaded claims for fraud and unlawful trade practices. See ORS 646.608. Plaintiffs also asked for attorney fees based on ORS 646.638(3).

Defendant contested plaintiffs’ claims. Defendant also counterclaimed for attorney fees under ORS 646.638(3) on the basis that plaintiffs’ unlawful trade practices claim was “frivolous.” 3

Defendant prevailed at trial on both the…