In this case, the firm’s client purchased a home in North Scottsdale. Unbeknownst to her, the home had been used by the sellers to breed and kennel large numbers of dogs over several years. Upon moving into the home, the buyer’s daughter and grandson had severe allergic reactions. They subsequently discovered that the home was used to breed dogs, but that fact was not disclosed before the sale.
Berk Law Group, P.C. filed a lawsuit in Maricopa County, Arizona Superior Court against the sellers and their agent, Century 21. After trial, Judge Peter Reinstein found in favor of the buyer and assessed 95% of the fault to Century 21 for not disclosing the history of the home. The Judge awarded the seller full diminution in value caused by the prior use.Read More
John Impellizzeri (the firm’s client) was the Plaintiff and Kenneth Sloniger was the Defendant in a lawsuit brought by Impellizzeri for Sloniger’s misrepresentations and errors in selling Impellizzeri certain life insurance. Sloniger’s insurance company defended him in the claims, but reserved rights to deny coverage. Because of the reservation of rights, Sloniger was partially released from his duty to cooperate with the insurer and entered a stipulated judgment in favor of Impellizzeri.Read More
Berk Law Group, P.C. filed a lawsuit for its clients against the sellers and their real estate agent for failing to disclose that the property was used to breed and kennel large numbers of dogs. The problem was discovered when the buyer’s daughter and grandson suffered severe allergic reactions to the home.
The Court found for the firm’s clients, and concluded that the real estate agent was 95% at fault and the seller was 5% at fault, and awarded the buyer the payment of $60,000, representing the difference between the purchase price and the value of the property at the time of close of escrow, plus attorneys’ fees.Read More
This case involved the liability of an Arizona couple’s marital community under a contract that was subject to Georgia law. In the case, a Georgia husband (Ogle) and an Arizona husband (Richmond) executed a contract in Georgia, that was to be performed in Georgia, and that specified it was to be governed by Georgia law. The parties subsequently sued each other, and their wives, in Arizona. Berk & Moskowitz represented Ogle at trial.Read More