Owner Allowed to Bring Tort Claim Despite Having Signed RESPA
WCL brings you the latest dispatch from the "economic loss doctrine" front: a Division II decision that allows a home buyer to proceed, in tort, against the developer of a lot to recover for property damage caused by water intrusion. As the Court dryly summarized the evidence: "They [owners] eventually discovered that water up to five inches deep had accumulated in the home's crawl space and would not drain. They also discovered mold in the home and the crawl space below."
"We decline to hold that the mere existence of a REPSA, by itself and without more, is sufficient to trigger the economic loss rule that would bar virtually every real estate purchaser from seeking relief in tort for property damage..."
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