Boehringer v. Weber (1-31-14)
IN CoA (Bradford; Mathias & Pyle Concur). Real Estate – Sales Disclosures, Mold
Where two inspections prior to sale of home did not show mold, buyer could not claim seller failed to comply with sales disclosure requirements (which require disclosure of actual knowledge under Ind. Code § 32-21-5-9) or that seller committed fraud. Trial court’s decision was affirmed and seller was entitled to $450,000 in attorneys’ fees and costs at the trial level. The amount of fees was not contested by buyer for reasons unknown.