Breach of Contract – Negligence

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WI Court of Appeals – District II

Case Name: Jennifer Korth, et al. James R. Hoffman, Jr., et al.

Case No.: 2017AP2293

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ.

Focus: Breach of Contract – Negligence

This real estate case involves a property spouses Jennifer Korth and David Osterndorf (the Buyers) bought from James Hoffman. The Buyers brought claims for breach of contract, WIS. STAT. § 100.18 (2015-16) violations, negligence, fraudulent misrepresentation under WIS. STAT. §§ 895.446 and 943.20(1)(d), strict responsibility and negligent misrepresentation, and a violation of WIS. STAT. § 452.133 against the Hoffmans and/or their real estate broker, Tory Bruce Armitage, and brokerage firm, Shorewest Realtors, Inc. The Buyers appeal the order granting summary judgment in favor of the collective defendants. We affirm the order except to the extent that we conclude the breach-of-contract claim raises questions best left to the trier of fact. We thus reverse on that issue and remand to the circuit court for further proceedings consistent with this opinion.

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