02-0416 Badzinski v. Patnode

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Merle Patnode, pro se, appeals from the trial court order, following a small claims court bench trial, awarding Victoria A. Badzinski $5,000 plus costs.

Although Patnode makes many assertions that do not easily reduce to legal arguments, he primarily seems to contend that the trial court erred in: (1) basing its factual findings and decision “on warranties and contract which were clearly not part of the Home Inspector’s Pre-Inspection Agreement, stating no implied or expressed warranties”; and (2) awarding damages for costs that, he maintains, were caused by Victoria A. Badzinski and her husband after his inspection of the home they purchased.

Because the Patnode-Badzinski inspection agreement specifically stated that no such warranty was provided, and because nothing in the inspection report altered that provision, this court concludes that the trial court erred in determining that Patnode provided a warranty and was therefore liable for foundation repairs to the Badzinski’s home.

Accordingly, this court reverses.

This opinion will not be published.

Dist I, Milwaukee County, Brennan, J., Schudson, J.

Attorneys:

For Appellant: Merle A. Patnode, Milwaukee

For Respondent: Victoria A. Badzinski, Milwaukee