The plaintiffs purchased a motel and gas station from the defendants.
Prior to the sale, the defendants represented that the fuel tank system was in good condition and only required routine testing, concealing outstanding TSSA orders and a history of non-compliance.
The Agreement of Purchase and Sale included a clause requiring the defendants to provide a report confirming the system was safe and compliant, which they failed to do.
The plaintiffs subsequently discovered the system was non-compliant and faced closure by the TSSA, forcing them to incur significant costs to install a new system.
The court found the defendants liable for fraudulent misrepresentation and breach of contract.
The court also found the plaintiffs' real estate lawyer negligent for failing to adequately protect them in the transaction.
Liability for the $635,189.12 in damages was apportioned 80% to the defendants and 20% to the lawyer.
