Soursby v. Hawkins

In this case we address whether the plaintiffs may rescind their purchase of undeveloped real property because the defendants’ real estate agent innocently misrepresented that the property was suitable for residential purposes when zoning ordinances prohibited residential use of the property. The trial court granted the defendants’ motion for summary judgment. The Court of Appeals reversed. Soursby v. Hawkins, 85 Or App 466, 737 P2d 145, modified 88 Or App 114, 743 P2d 1155 (1987). We affirm the decision of the Court of Appeals and remand the case for trial.

Our inquiry is limited to…