McCann Real Equities Series XXII, LLC v. David McDermott Chevrolet, Inc.

Opinion

DRANGINIS, J.

This appeal from the judgment rendered on a verdict directed by the trial court concerns the sale and purchase of real property. Subsequent to the closing of the transaction, the buyers learned that the soil contained more contamination than they had expected. The buyers sought to recoup from the sellers the cost of removing the contaminated soil and consequential damages generally on the basis of breach of contract and the sellers’ misrepresentation as to a portion of the premises. The buyers cannot prevail, however, because the “as is” and merger provisions of the…