Morrison Mahoney Partner Mark Nugent and Associate Ed Mazzaferro recently obtained Summary Judgment in the Kent County Superior Court following briefing and oral argument.
They represented a real estate agent and his firm that were accused of professional malpractice in their representation of the plaintiff when she was buying a home. In particular, it was asserted that they were negligent as they failed to discover and disclose that the property was serviced by a septic system and not connected to the public sewer as was indicated in the MLS listing. The plaintiff had instructed the agent to only consider listings that were connected to the public sewer. It was argued at summary judgment that, based on Rhode Island case law, the insureds did not owe a duty to plaintiff to find and disclose unknown material defects. It was further asserted that their reliance on representations made in the MLS listing created by the seller’s agent satisfied their obligations to plaintiff. The Court issued a written opinion in which it found no negligence or breach of any duty on behalf of the insureds as agents for the buyer.