Malzewski v. Rapkin

¶ 1. John and Jennifer Malzewski appeal the trial court's grant of summary judgment dismissing their breach-of-contract, misrepresentation, and false-advertising claims against Sheldon and Mae Louise Rap-kin.1 The trial court granted summary judgment to the Rapkins. We affirm the trial court's dismissal of the Malzewskis' breach-of-contract and misrepresentation claims, but reverse on their fraudulent-advertising claim.

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¶ 2. In August of 2003, the Malzewskis offered to buy a house from the Rapkins. The Offer to Purchase provided:

PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer…