Kubinsky v. Van Zandt Realtors

John and Janice Kubinsky (plaintiffs) bought a home from the Banes with the assistance of real estate agent Pam Homer. A pre-purchase inspection noted minor foundational movement, and John, the inspector, Pam Homer, and seller Christine Bane all viewed the noted movement together, though Bane was never specifically asked further questions about the movement or any past repairs. After moving in, the Kubinskys discovered additional cracks not mentioned in the inspection and sued the inspector, the Banes, their listing agent Lynn Neathery, and her broker Van Zandt Realtors (defendant). The trial court ruled for the defendants, and the Kubinskys appealed.