Month: February 2015

DC: Home Seller is not a merchant under CPPA; Buyer’s Claim of Withholding Information fails – no detrimental

In Sundberg v. TTR Realty, Buyers entered into a contract to purchase a home and alleged that, after the contract was signed, but before closing,  the Seller and his real estate agent and brokerage withheld information and provided false information about construction that was to occur across the street. Buyers further allege... Read More >

DC: Defect in notice of foreclosure did not create substantial risk of misleading record owner

 In Dennis T. Comer v. Wells Fargo Bank, NA, No. 13-CV-1025 (D.C. Jan. 29, 2015), the D.C. Court of Appeals was called upon to review whether the trial court had properly dismissed counts of an amended complaint in connection with a wrongful disclosure In 2008, Mr. Comer was approved for... Read More >

DC: Filing a lis pendens may expose filer to claim if the underlying lawsuit was filed in bad faith

In Havilah Real Property Services, LLC v. VLK, LLC, et al., the D.C Court of Appeals recently addressed the merits of litigation and the privilege associated with the recordation of lis pendens in a lengthy dispute between Havilah and VLK that was directly related to a personal dispute between... Read More >