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Fraud-Sale of Home

WI Court of Appeals – District I

Case Name: Jennifer Buth v. Daniel Pyawasay

Case No.: 2022AP000001

Officials: Brash, C.J., Donald, P.J., and White, J.

Focus: Fraud-Sale of Home

Buth appeals from the order of the circuit court granting summary judgment to Daniel and Jodi Pyawasay (the Pyawasays) and dismissing her claims of misrepresentation and fraud in the Pyawasays’ sale of their home to Buth. Buth alleged that when she entered the Property after closing she was confronted with a serious pet urine problem affecting the duct work, flooring, and subflooring. Additionally, she alleged that in the attempted remediation of the pet urine problem, she discovered that certain repairs and remodeling of the Property had been completed without required permits.

Buth argues that the circuit court granted judgment prior to the issues being joined for trial because the Pyawasays failed to answer the amended complaint. The appeals court agrees that the issues were not joined; therefore, it reverses the circuit court’s order with regard to the summary judgment and remands for further proceedings. The appeals court’s order addressed multiple other motions: the court reverses the three evidentiary motions denied as moot, but affirms the orders denying default judgment and dismissing the Pyawasays’ counterclaim.

Affirmed, Reversed and Remanded.

Decided 05/16/23

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