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Kubinsky v. Van Zandt Realtors

Court of Appeals of Texas
811 S.W.2d 711 (1991)


Facts

In 1987, John and Janice Kubinsky (plaintiffs) purchased a home from Ralph and Christine Bane. The Kubinskys purchased the home with the assistance of their real estate agent, Pam Homer. Prior to purchase, the Kubinskys hired an inspector to inspect the home for any defects. The inspector noted that there was minor foundational movement on the home. Upon this discovery, John Kubinsky accompanied the inspector, along with Pam Homer and Christine Bane, to view the foundational movement mentioned. Christine Bane was not asked about any movement or repairs to the foundation. After the Kubinskys moved into the home, they noticed several cracks not mentioned in the inspection. The Kubinskys brought suit against the inspector, the Banes, their listing agent, Lynn Neathery, and her broker, Van Zandt Realtors (Van Zandt) (defendants). The trial court ruled in favor of the defendants. The Kubinskys appealed to the Court of Appeals of Texas.

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Issue

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Holding and Reasoning (Weaver, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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