Donnelly v. Taylor
Court of Common Pleas of Ohio
786 N.E.2d 119 (2002)
Relevant factsFree
The Taylors (defendants) sold their house to the Donnellys (plaintiffs) under a purchase agreement with an "as is" clause; a pre-purchase inspection found no problems, but shortly after moving in the Donnellys discovered a bat infestation along with foil and boards around the house suggesting the Taylors may have known about it. The Taylors' disclosure form made no mention of bats, and they filed affidavits denying any knowledge, and the Donnellys sued for breach of contract, loss of enjoyment, and misrepresentation.
IssueFree
Whether, when a real estate contract sells property "as is," the seller has a duty to disclose known defects.