Property – misrepresentation — reasonable reliance

By: WISCONSIN LAW JOURNAL STAFF//February 1, 2012//

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Wisconsin Court of Appeals

Civil

Property – misrepresentation — reasonable reliance

In this defective-basement case, Michael D. and Ilene L. Dillhyon appeal a judgment dismissing their misrepresentation, breach-of-contract and theft-by-fraud claims against Patricia A. Dunn, a/k/a Patricia A. Wiesner, and Kenneth L. Wiesner (the Wiesners), who sold the Dillhyons a house. The common thread in the claims is the reasonableness of the Dillhyons’ reliance on the Real Estate Condition Report the Wiesners prepared. We conclude that the information the Dillhyons had in hand should have signaled the prudence of the further investigation the contract permitted, such that their reliance was not reasonable. We affirm. This opinion will not be published.

2011AP1175 Dillhyon v. Dunn, et al.

Dist II, Waukesha County, Davis, J., Per Curiam

Attorneys: For Appellant: Kuss, Rudolph J., Brookfield; For Respondent: Wood, Everett E., Hubertus

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