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2010AP890 Thelen v. Cremer

By: WISCONSIN LAW JOURNAL STAFF//April 28, 2011//

2010AP890 Thelen v. Cremer

By: WISCONSIN LAW JOURNAL STAFF//April 28, 2011//

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Property
Misrepresentation; property condition report; economic loss doctrine

Daniel and Suzanne Thelen entered into an agreement with the Thomas and Delores Cremer Revocable Trust for the purchase of commercial property. As part of that agreement, the Thelens received a condition report signed by Delores Cremer stating that, to the extent past remodeling had occurred, the proper permits had been obtained. Years later, the Thelens brought suit against Cremer and the Trust under misrepresentation theories, alleging that the condition report was false. The circuit court granted summary judgment in favor of Cremer and the Trust, concluding that the economic loss doctrine barred the claims. The Thelens appeal, arguing that summary judgment was improper and, additionally, that the circuit court erred when granting a motion to strike their second amended complaint. We reject the Thelens’ arguments and affirm. Not recommended for publication in the official reports.

2010AP890 Thelen v. Cremer

Dist IV, Dane County, Albert, J., Lundsten, J.
Attorneys: For Appellant: Vande Zande, Daniel L., Waupun; For Respondent: Kopp, Josh, Madison

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