Bouton v. Bailie

Plaintiff bought residence from company which had acquired titled, by agreement, from Defendant homeowners. Relocation company had homeowners complete Residential Real Property Disclosure Form, which company provided to buyer prior to purchase. Buyer sued Defendants in small claims court, alleging they falsely represented on form that they were unaware of flooding or recurring leakage problems or water problems. Residential Real Property Disclosure Act does not exempt persons who have resided in the home and who are in position to provide prospective buyers with actual notice of known defects. Section 15(7) of Act precludes liability for entity that never resided in or had management responsibilities for home and took title solely to assist with seller's relocation.(LYTTON and HOLDRIDGE, concurring.)