AE Property Servs., L.L.C. v. Sotonji

Citations

• 2019 Ohio 786

Syllabus

Caveat emptor, residential property, termites, fraud, fraudulent concealment, negligence, negligent misrepresentation, R.C. 5302.30, disclosure, inspection, \as is.\ Summary judgment was properly granted, when viewed in a light most favorable to the nonmoving party, there were no genuine issues of material fact and the seller was entitled to judgment as a matter of law. The record failed to establish the presence of fraud by the seller. The residential purchase agreement was clearly marked \as is.\ The purchaser claimed to have more than 20 years of experience in the commercial and residential construction trade but did not hire an inspector. R.C. 5302.30 requires that a seller disclose defects or issues that are within the seller's actual knowledge. In the absence of fraud, caveat emptor and the \as is\ clause prevent recovery.