Sawko v. Jackson Properties
In this case, Berk & Moskowitz, P.C. represented the buyers in a real estate fraud and misrepresentation case against the seller/builder/developer, Jackson Properties. Before buying the home, the seller’s agent represented that a nearby dairy would be closed, such that the buyers did not need to be concerned about flies, smells and other offensive conditions. Based on those representations, the buyers purchased the home.
Later, the buyers discovered that the dairy owner had no plans to close and that the seller’s agent knew that fact. Berk & Moskowitz filed suit on behalf of the sellers for consumer fraud, negligent misrepresentation and fraud, and sought rescission -to undo the entire deal and obtain a refund of the buyers’ payments in connection with the property.
The Maricopa County, Arizona Superior Court Judge, Kenneth Mangum, found for the buyers and awarded full rescission and emotional distress damages.
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