Butler v. Harris

Plaintiff homebuyers sued sellers for fraud and violations of Residential Real Property Disclosure Act, alleging failure to disclose septic system defects. Proper standard of proof to determine violations of Disclosure Act is clear and convincing evidence. Court properly found for Defendants on fraud count, as evidence as a whole suggested no reliance or no reasonable reliance. Court properly found for Defendants on Disclosure Act count, as evidence as to Defendants' knowledge was insufficient. Defendants are not entitled to attorney's fees, as Plaintiffs' suit was not meritless; two witnesses testified that Defendants should have been aware of problems with septic system. (WELCH and CATES, concurring.)