Gibb v. Citicorp Mortgage, Inc.

Before selling property to Gibb (plaintiff), Citicorp's (defendant) agent learned from a termite service that the property had extensive prior termite damage, but showed Gibb only part of the damaged area, falsely claiming that was the full extent and that all necessary repairs had been made, despite knowing the actual damage was more extensive and unrepaired. The sale contract contained a disclaimer stating the sale was based on Gibb's own inspection rather than any agent representations, and stated the property was sold "as is"; after discovering the true extent of the damage, Gibb sued, and the district court dismissed his complaint for failure to state a claim.