The plaintiff purchased a property from the defendants and subsequently discovered the wood foundation was rotting.
The defendants brought a motion for summary judgment to dismiss the action.
The court found that the foundation issues were patent defects that were discoverable by the plaintiff's home inspector, but the plaintiff chose to waive the inspection condition.
Furthermore, there was no evidence that the defendants knew of the defect or actively concealed it.
The motion for summary judgment was granted and the action was dismissed.
