Hahn v. McElroy

Plaintiff filed a lawsuit against defendants alleging violation of the Residential Real Property Disclosure Act, common law fraud, fraudulent concealment, and negligent misrepresentation after plaintiff found mold in the house he purchased from the defendants. During a bench trial, the circuit court entered a directed finding in favor of the defendants and subsequently awarded defendants the full amount of their attorney fees. Plaintiff appealed and the appellate court affirmed, finding that the trial court did not err in the entry of judgment in favor of the defendant or in the award of attorneys’ fees under the terms of the real estate contract. (SCHOSTOK and BIRKETT, concurring)