Morgan v. Cohen

Citations

• 2019 Ohio 3662

Syllabus

Summary judgment \as is\ sale of condominium unit fraudulent inducement fraudulent misrepresentation disclosures residential property disclosure form R.C. 5302.30 justifiable reliance. Trial court did not err in granting summary judgment in favor of sellers on buyers' claims of fraudulent inducement and fraudulent misrepresentation based on sellers' alleged failure to disclose structural defects affecting multiple units and the potential for future litigation and assessments when selling condominium unit. Buyers presented no evidence that sellers' statements in their disclosures were false when made or that sellers actively concealed any material information from buyers. There was no genuine issue of material fact that buyers did not justifiably rely on any alleged misrepresentations, nondisclosure or concealment by sellers because the information buyers claimed sellers failed to disclose was equally available to buyers in condominium association meeting minutes buyers had agreed to review.