Hill v. Jones

The Hills (plaintiffs) bought the Joneses' (defendants) home under an agreement requiring the sellers to provide an escrowed termite inspection report; during pre-purchase visits, the Hills noticed a floor ripple they suspected was termite damage but were told by the sellers it was water damage, and the resulting termite report and realtor both indicated the property was clear. After moving in, the Hills discovered the sellers had actually experienced termite infestations and paid for treatments on prior occasions, a neighbor pointed out visible termite damage around the property, and a second inspection confirmed active infestation; none of this history had been shared with the buyers, realtor, or original inspector, and the Hills sued for misrepresentation and nondisclosure, but the trial court granted the sellers summary judgment.