In a trial of a cross-claim arising from a residential real estate sale, the cross-claimant alleged that the realtor and brokerage misrepresented future market conditions and induced a sale below value during the 2008-2009 financial downturn.
The court rejected the cross-claimant's credibility, accepted the realtor's evidence on key factual disputes, and held that statements about the future direction of the market were not actionable misrepresentations on the facts found.
The court further held that the alleged statements did not amount to contractual warranties and that the property sold at market value.
In any event, the claimed loss based on later appreciation was not proven.
