October 30, 2009

O’Bryan, Brown and Toner defended a real estate agency in a negligence case in Clark County, Indiana.  The Plaintiff homebuyers alleged that their real estate agents did not properly inform them as to a potential property tax increase on their new home prior to closing.  Plaintiffs sought damages in the amount of the after-closing year’s property taxes, of which they claimed they had not been property advised.  The defense established that tax assessment was solely the duty of the county government, and the duty to dispense information regarding potential tax increases to the homebuyer was that of the closing agent.  Moreover, the buyers’ agents performed their duties properly.  After a one-day bench trial, the judge agreed with the defense and the plaintiffs took nothing.

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