[WSBARP] Affirmative Defenses to Fraud and/or Negligent Misrepresentation

Wed Oct 9 13:22:38 PDT 2019

I raised those as a defense in a case involving allegedly concealed defects in a house sale transaction. It worked at trial, but not on appeal, unfortunately

Craig

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Wednesday, October 09, 2019 1:18 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Affirmative Defenses to Fraud and/or Negligent Misrepresentation

Interesting idea. 

On Wed, Oct 9, 2019 at 1:14 PM Catherine Clark <Cat at loccc.com <mailto:Cat at loccc.com> > wrote:

Has anyone faced an “assumption of the risk” and “contributory negligence and/or comparative fault” affirmative defense when claiming fraud/negligent misrepresentation around a real estate transaction?

While I’ve been at this game “a while,” I haven’t seen that before.  Perhaps one of you has.  Your thoughts appreciated.

Thanks.

Catherine “Cat” Clark

Law Office of Catherine C. Clark PLLC

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