Waddell v. Ferguson Home Builders, LLC

11 David Waddell brought an action for rescission of a real-estate contract against Ferguson Home Builders, LLC, and Bart Ferguson (collectively, Ferguson) based on constructive fraud for failing to disclose that the house was built in a floodplain. Waddell appeals from the judgment of the Saline County Circuit Court ruling that he failed to meet his burden of proving that Ferguson had made a fraudulent misrepresentation. Waddell argues four points on appeal. We affirm.

I. Fads and Procedural History

In October 2005, Waddell purchased a home ip the Timberlake subdivision of Haskell, Arkansas,…