Ollerman v. O'Rourke Co., Inc.
Wisconsin Supreme Court
288 N.W.2d 95 (1980)
Relevant factsFree
Ollerman (plaintiff), inexperienced in real estate and unfamiliar with the area, bought a vacant lot from experienced developer O'Rourke (defendant) intending to build a house, and during excavation discovered an uncapped well releasing water. Ollerman sued for intentional and negligent misrepresentation, alleging O'Rourke knew or should have known about the well and had a duty to disclose it; the trial court denied O'Rourke's motion to dismiss, and O'Rourke appealed.
IssueFree
Whether a seller of a residential lot has a duty to disclose facts material to the transaction that are not readily discernible by the buyer.