Bergmueller v. Minnick

In this suit for rescission of a contract for the sale of land, the issues are whether there was constructive fraud on the part of the sellers’ agent justifying rescission, and if so, whether the purchasers waived it.

Walter A. Bergmueller and his wife resided in Kansas in 1980. Planning to retire a few years later, they looked for property in the Shenandoah Valley near New Market upon which to build a retirement home. In the fall of 1980, the Bergmuellers met Katherine Scott, a real estate agent employed by Koepfle Realty, Inc., a broker in New Market. Koepfle had a listing to sell a 3.6-acre…