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Teter v. Old Colony Company

Supreme Court of Appeals of West Virginia

441 S.E.2d 728 (1994)

Relevant factsFree

After the Teters (plaintiffs) noticed a crack in a home's retaining wall during inspection, broker Old Colony (defendant) engaged engineering firm Kelley, Gidley (defendant) to assess the wall's soundness, which concluded it was fine; years later a landslide revealed pre-existing fill dirt had compromised the wall before the inspection, and after the wall collapsed, the Teters sued both, with the jury finding Old Colony failed its duty to reasonably inspect and Kelley, Gidley negligent in its own inspection.

IssueFree

Whether a property owner's broker owes a duty to the buyer to independently inspect the premises for latent defects.

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