Successful Defense re: Alleged Fraud and Misrepresentation on Palos Verdes Home Sale

Mr. and Mrs. O sold their home in Palos Verdes that they had lived in for many years.

The buyer claimed that Mr. and Mrs. O had misrepresented the condition of the roof and had also failed to disclose chronic water intrusion problems from the large number of French doors in every major room of the home which framed the ocean views to the west.

In the middle of the lawsuit and during a heavy winter rain storm, the buyer videotaped damning evidence showing substantial amounts of water leaking into the home and running down the insides of these doors.

The buyer sought damages in excess of $600,000 and hired numerous experts to support his claims.

Mr. Denis assembled a team of experts who concluded that the buyer had failed to properly maintain the French doors after he purchased the home and during the lawsuit.  Mr. Denis asserted to the jury that the buyer had done so intentionally to effectively fabricate a water intrusion condition which had not previously existed, so that he could force Mr. and Mrs. O into paying for the substantial upgrades and improvements which he had made to the home after the purchase.

Mr. Denis also showed, through the contract documents used during the sale, that the condition of the roof had been properly and adequately disclosed during escrow.

After a two and a half week trial, the Torrance jury deliberated for only one hour before returning a verdict for Mr. and Mrs. O and the buyer was required to reimburse them for the substantial attorney’s fees and costs they had incurred in their defense.