Defendant Larry Wilson, a Gundaker agent in its new homes division, was in charge of marketing the home to other realtors so that those realtors would bring prospective buyers to the home. Defendant Beth Gundaker-Lisk was the listing agent for the home. On Septemdefendant Gundaker Real Estate Company, Inc., entered into a listing agreement on the property. Kiernan's letter to the listing agent or agency that replaced her. Kirk did not disclose the contents of Mr. Kirk's listing agreement with Vescovo Building expired before the house was sold. The prospective buyers made an offer to purchase the house, but did not ultimately purchase it because the parties were “too far apart” on price and other amenities in the home.
Kirk informed a broker at Janet Mcafee and a representative of Prudential Mortgage Company, who represented some prospective buyers, that she received a letter that outlined serious concerns with the property. Between April, 1998 and September, 1998, Ms. Kiernan sent the builder defendants a copy of his letter to Ms. Kiernan did not disclose the basis of his expertise or write the letter on his business stationary. Verifications of this condition can be done by removing enough of the backfilled earth to establish the absence or presence of such coatings and, if present, how high up the walls they have been applied. The bituminous coatings used for this purpose normally are applied to the outside of the foundation walls from the footings up to the final grade line to prevent ground water and moisture from entering the basement by weeping through the concrete foundation walls. There were places where I would see down as far as twelve inches below the construction grade and no waterproofing. I also did not see any waterproofing on the outside of the foundation. Kiernan reported that he did not observe that the foundation had been waterproofed: Kirk that advised her of problems he observed during the construction of the house, including problems with the exterior wall, roofing, windows, showers, bathtubs, decks/porches, and interior drywall with the house. On ApGene Kiernan, a resident in the neighborhood where the home was being built, sent a letter to Ms. The home was originally listed for sale by Vicki Kirk, a real estate salesperson for Janet Mcafee Real Estate Co. The home was built by defendant Vescovo Building and Realty Company, Inc., of which defendants Gary Vescovo and Robert Vescovo were the principals. This case involves a new home in Webster Groves, Missouri.
Integrity plus realty letterhead trial#
The trial court ordered a new trial on the grounds that the jury was allowed to consider damages not proximately caused by the failure to damp-proof and that the submission of negligence per se was improper. However, the case was only submitted on theories relating to defendants' failure to disclose that the foundation had not been damp-proofed, including a theory of negligence per se based on a violation of a disclosure provision of the real estate licensing statute. At trial, evidence was admitted with respect to numerous defects in the house, the cost to repair all of those defects, and the diminution in market value as a result of those defects. Plaintiff homeowners were awarded $140,000 in actual damages and $260,000 in punitive damages against defendant homebuilders and realtors for failure to disclose that the foundation of the home they had purchased for $560,000 had not been damp-proofed. Gundaker Real Estate Co., Beth Gundaker-Lisk and Larry Wilson, Jr. Devine, Vatterott, Shaffar & Dolan, P.C., Maryland Heights, MO, for respondents Gordon A. Jones, Jones, Korum, Waltrip, & Jones, Clayton, MO, for respondents Vescovo Bldg. Boggs, Boggs, Backer & Bates, L.L.C., St.
Wunderlich, Carrie Mulholland Brous, Stinson, Mag & Fizzell, P.C., St. Wilson, Jr., and Beth Gundaker-Lisk, Defendants/Respondents. VESCOVO BUILDING AND REALTY COMPANY, INC., Gary Vescovo, Robert Vescovo, Gundaker Real Estate Company, Inc., Larry D. LOWDERMILK and Mary Catherine Lowdermilk, Plaintiffs/Appellants, v. Missouri Court of Appeals,Eastern District,Division One.
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