Court of Appeals re-examines fraud verdict against sellers' realtors
This week the Court of Appeals granted re-hearing and issued a second opinion with regard to Frank Alfieri and Tonya Alfieri's fraud claim against Marc Bertorelli, Meryl Greene and Weber Seiler Realtors, Inc. The opinion addresses the bases for the jury's verdict in favor of the Alfieris and rejects the various appellate issues raised by the Defendants.
Alfieris sued the defendants after buying a condominium that was built in an abandoned factory. They alleged that they bought the condo in reliance upon a sellers' brochure prepared by the defendants that contained false statements about the remediation of the condominium. The reviewing court concluded that there was an adequate basis for the verdict and that the jury correctly reduced the total damages by the percentage of fault which they attributed to the buyers' own negligence.