Legal Opinion

Keiber v. Spicer Construction Co.

Ohio Court of Appeals

Decided March 25, 1993No. 91 CA 84PublishedCited by 8 opinions

1Opinion of the Court

Fain, Judge.

Plaintiffs-appellants, Kingsley and Linda Keiber, appeal from a jury verdict in their favor, in the amount of $11,666, for cost-of-repair damages stemming from the construction of a new home they purchased from defendant-appellee, Spicer Construction Company (“Spicer”).

We conclude that although the Ohio Consumer Sales Practices Act (“OCSPA”), R.C. Chapter 1345, does not apply to isolated, “pure” real-estate transactions involving the purchase and sale of land and any pre-existing improvements, it does apply to transactions that include a contract to construct a residence, because…

2Cases cited11 opinions

  1. Elizabeth Gamble Deaconess Home Ass'n v. Turner Construction Co.Ohio Court of Appeals · 1984
  2. Heritage Hills, Ltd. v. DeaconOhio Supreme Court · 1990
  3. Brown v. Liberty Clubs, Inc.Ohio Supreme Court · 1989
  4. Bierlein v. Alex's Continental Inn, Inc.Ohio Court of Appeals · 1984
  5. Fuqua Homes, Inc. v. Evanston Building & Loan Co.Ohio Court of Appeals · 1977

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Michael G. Schroyer Gail R. Schroyer v. Kenneth P. Frankel Gerald M. Smith Company, L.P.A., D/B/A Smith & SmithCourt of Appeals for the Sixth Circuit · 1999
  2. Hanlin v. Ohio Builders and Remodelers, Inc.District Court, S.D. Ohio · 2002
  3. Pointe At Gateway Condominium Owner's Assn., Inc. v. SchmelzerOhio Court of Appeals · 2013
  4. Rose v. Zaring Homes, Inc.Ohio Court of Appeals · 1997
  5. Booth v. Duffy Homes, Inc., 07ap-680 (10-9-2008)Ohio Court of Appeals · 2008

3 more not listed; retrieve them via the Exa API.

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