Judgment (Nonsuit) Obtained in Real Estate Non-Disclosure Case
Anthony Case and Daniel Fallon successfully defended a dual agent and broker in the trial of a real estate fraud and non-disclosure case in the San Diego Superior Court in El Cajon. In Trejo v. Brikho, et al., plaintiffs alleged fraud, realtor malpractice, breach of fiduciary duty and breach of contract with respect to their purchase of real property, and requested damages in excess of $800,000 in addition to punitive damages. Farmer Case & Fedor represented the dual agent and broker in the transaction.
Plaintiffs claimed that the agent and broker intentionally failed to disclose a reciprocal driveway easement affecting the subject property, failed to disclose certain alleged defects at the residence, and failed to make certain repairs at the property that were allegedly promised. Following plaintiffs’ case-in-chief, the defense argued a Motion for Judgment. After reviewing the moving papers and hearing oral argument thereon, Judge Halgren entered judgment on behalf of the FC&F clients.