Ponder v. Culp
Ohio Court of Appeals
2017 WL 192609 (2017)
- Written by Darius Dehghan, JD
Facts
James and Shannon Ponder (plaintiffs) entered into an agreement to purchase a residential home from Daniel and Kristen Culp (defendants). The Culps completed a disclosure form indicating that they were unaware of any water leakage in the basement. But the Ponders’ home inspector, Tony Tilenni, notified the Ponders that the slope of the driveway might cause water to leak into the basement. After the Ponders took title to the property, the basement was subject to leaking. Subsequently, the Ponders filed suit against the Culps, alleging fraud. In support of their claim, the Ponders introduced evidence from Ron Jackson, whom they had hired to waterproof the basement. Jackson attested that the water problems in the basement did not occur overnight but had been developing over a number of years. Moreover, the Ponders asserted that they discovered plastic sheets glued to the walls of the basement by the Culps that were not visible during previous inspections. The Culps filed a motion for summary judgment, which the trial court granted. The Ponders appealed.
Rule of Law
Issue
Holding and Reasoning (Schafer, J.)
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