Mobley v. James

Citations

• 2020 Ohio 380

Syllabus

Summary judgment Civ.R. 56 fraud sewer backups caveat emptor \as is\ sale R.C. 5302.30 residential property disclosure form home inspection justifiable reliance. Trial court did not err in granting summary judgment in favor of seller on buyers' fraud claim. Based on information buyers received from their home inspector during the pre-sale home inspection, there was no genuine issue of material fact that buyers were on notice that there was a history of sewer backups affecting both the property specifically and the neighborhood generally and that there was a risk of additional sewer backups affecting the property in the future such that buyers could not have justifiably relied on any alleged misrepresentations by seller in the residential property disclosure form.