Schwartz v. Rockey

OPINION

Justice SAYLOR.

This appeal involves a civil action initiated by home purchasers against the sellers for fraudulent non-disclosure and/or concealment of water infiltration. The questions presented concern whether the purchasers/plaintiffs made an election of remedies that foreclosed rescission, and whether a finding of outrageous or egregious conduct is required to support an award of treble damages in a private action under the Unfair Trade Practices and Consumer Protection Law.

In March 2001, Appellees Richard and Melanie Schwartz (“Buyers”), commenced the underlying action against…