Roberts v. Saffell

Defendants appeal by right a judgment entered after a jury trial awarding plaintiffs $86,813 in damages and costs. Flaintiffs claim that defendants failed to disclose a termite infestation in the residence plaintiffs purchased from defendants. Before trial, the trial court granted plaintiffs’ motion to dismiss all theories of liability except innocent misrepresentation. This claim was based on defendants “no” answer on their seller’s disclosure statement (SDS), MCL 565.957, in response to SDS item: “History of infestation, if any: (termites, carpenter ants, etc.).” We agree with defendants’…