The plaintiffs purchased a home from the defendants, who had built the property themselves without a building permit.
Years later, the foundation wall collapsed due to excessive backfill and poor drainage.
The plaintiffs sued for negligent construction and negligent misrepresentation, alleging the defendants concealed the failing wall with a stud wall and made false statements on the Seller Property Information Statement.
The Superior Court of Justice found the defendants liable for both negligent construction and negligent misrepresentation, awarding the plaintiffs $100,000 in damages.