Defendant prevails in real estate misrepresentation lawsuit

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Two Milwaukee attorneys successfully defended their client in an alleged real estate misrepresentation civil lawsuit.

In Pastijn et al v. Foti, the plaintiff purchased a home without an inspection and paid cash well over the asking price. After moving in, they reported three leaks within six months and said they needed a new roof.

The plaintiffs claimed the defendant painted a ceiling to cover up evidence of a leaky roof and asked for $112,000 to pay for the new roof and exemplary damages, said attorney Catherine La Fleur of La Fleur Law Office in Milwaukee, who represented the defendant along with Jada Davis.

For the defense, a weather expert testified that on each occasion that the roof leaked, there was either record-breaking wind or rain. Spoliation was an issue in the case since the plaintiffs replaced the roof prior to filing the lawsuit. Additionally, the plaintiffs chose the more expensive roof, passing over a quote for tens of thousands of dollars less.

A jury heard the case in Milwaukee County Circuit Court and ruled in the defendant’s favor that no damages were owed. The plaintiff was represented by Rudolph J. Kuss of Stevens & Kuss S.C.

Defendant’s expert:

Allen Becker, Forensic Meteorological Consulting