The plaintiff, Frederick Fischer, moved for summary judgment against the vendor and real estate agents involved in his purchase of a property previously used as a marijuana grow operation, a latent defect not disclosed to him.
He alleged fraudulent concealment and misrepresentation.
The court dismissed the motion, finding genuine issues requiring trial, including whether the buyer's agent knew about the grow-op, the source of information provided to the buyer, and the extent of damages suffered by the plaintiff, particularly regarding the property's marketability and mold remediation costs.
The court also granted leave for the plaintiff to amend his claim to explicitly include negligent misrepresentation.
