Kubinsky v. Van Zandt Realtors

811 S.W.2d 711 (1991)

Facts

The Buyers (P) of a homemade a claim against Van Zandt Realtors (D). D was the listing agent of the Banes (the sellers of the home). P retained their own agent, and a contract was executed for the sale of the Banes home. P was allowed to have the home inspected and did have it examined by Meruss Inspection Company. That inspection revealed evidence of minor foundation movement. No one questioned the Banes about the foundation movement or whether any repairs had been performed. The trial court gave judgment for D and P appealed.