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McKenna Minutes

“The life of the law has not been logic; it has been experience.”

-Oliver Wendell Holmes, Jr.

Judgment for Seller in “As Is” Consumer Fraud Claim


Sara Cook and Kristin Tauras successfully obtained a directed judgment for the Seller-Defendants in a Consumer Fraud and Deceptive Trade Practices Act trial. The judge tried liability only in a bifurcated trial on the issue of the Sellers’ alleged knowing deception in the sale of a 7.5 million dollar apartment building. The court found that when the Buyer had an “as is” contract, and an unlimited opportunity to do due diligence; Buyers’ failure to do so precluded Buyers’ claim. The Court noted the evidence of the Buyers’ “intentional closing of their eyes to the obvious was overwhelming.” The Buyers were claiming four million dollars in damages.

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