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Breach of Contract – Misrepresentation

By: Derek Hawkins//May 15, 2019//

Breach of Contract – Misrepresentation

By: Derek Hawkins//May 15, 2019//

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WI Court of Appeals – District IV

Case Name: Dale Sanders, et al. v. Eleanor P. Hertel

Case No.: 2018AP265

Officials: Sherman, Blanchard and Kloppenburg, JJ.

Focus: Breach of Contract – Misrepresentation

Wendy Sanders and Dale Sanders purchased a home from Eleanor Hertel and then sued Hertel for breach of contract and misrepresentation, claiming that Hertel was aware of, but failed to properly disclose, certain defects of the home in the seller’s Real Estate Condition Report. In order to prevail on each of these claims, the Sanderses must prove that they reasonably relied on Hertel’s representations in the Report. The circuit court dismissed the Sanderses’ claims on summary judgment. The Sanderses, pro se, appeal. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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