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White and Steele Persuades Judge and Jury in $500,000 Real Estate Malpractice Trial

November 2016

jmm-1-newdmm-2Jim Meseck and Diana Mendez successfully defended a real estate broker and brokerage in a six day jury trial. The legal claims were for negligence, violations of the Colorado Consumer Protection Act (“CCPA”), fraud, negligent infliction of emotional distress, extreme and outrageous conduct, and civil conspiracy due to allegations of, among other things, undisclosed mold and past instances of water intrusion in the home. The Plaintiffs’ sought a verdict in excess of $500,000.00 against the broker and the brokerage firm. Ms. Mendez succeeded in persuading the court to dismiss, on a motion for directed verdict at the close of Plaintiffs’ case in chief, the CCPA, extreme and outrageous conduct and civil conspiracy claims. Mr. Meseck was able to persuade the jury to find in favor of the real estate broker and brokerage on the remaining claims. This case involved application of the broker and brokerage statutes, and demonstrated the complexity of Colorado Commission Position Statement 46 (“CP-46”) regarding a broker’s disclosure of adverse material facts and the meaning of actual knowledge.

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