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Matthews v. Kincaid

746 P.2d 470 (1987)

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Matthews v. Kincaid

Alaska Supreme Court
746 P.2d 470 (1987)

  • Written by Sharon Feldman, JD

Facts

Matt Matthews (defendant) was a broker with Century 21 Heritage Homes & Investments (Century 21) (defendant). Matthews listed his four-family home with Century 21. On the listing agreement, Matthews left the space next to “parking units” blank. The lot survey Matthews submitted showed no available parking, and the subdivision map he submitted distinguished his lot from adjacent lots. Suzanne Kincaid (plaintiff) purchased Matthews’s property. Kincaid dealt with Diane Albert (defendant), another Century 21 agent. Albert assured Kincaid she would be able to park in the lot next door. Kincaid thought the lot looked too small for 10 cars and saw that it was separated from Matthews’s home by a chain-link fence. When Albert asked Matthews about parking, he told her parking was available on the street most of the day. After Kincaid purchased the property, one of her tenants was told not to park in the lot next door, and a year later, the city closed the street to parking. Kincaid sued Matthews, Albert, and Century 21 for the fraudulent or negligent misrepresentation that the property had off-street parking. A jury found in favor of Kincaid. The court denied Matthews’s motions for judgment notwithstanding the verdict and a new trial. Matthews appealed.

Rule of Law

Issue

Holding and Reasoning (Matthews, J.)

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