298 P.3d 161
Wyo.2013Background
- Ferrell appeals a dismissal of her professional-negligence claim against Knighten, the seller’s real estate agent in a 2001 Thermopolis purchase.
- Knighten prepared the buyer’s offer and represented himself as the seller’s agent; he also was the building’s tenant.
- Sellers provided a property disclosure statement on February 5, 2001; Ferrell contends she did not receive it until 2010.
- Ferrell later discovered moisture in the west foundation wall, tied to a 2006 water intrusion and pollen investigation.
- A related claim against Hanson Construction was resolved in 2010 with the court determining the statute of limitations began February 5, 2001.
- The district court ultimately held Ferrell’s claim was time-barred and dismissed with prejudice; on reconsideration it acknowledged Knighten’s duty to deliver the disclosure but affirmed dismissal based on the limitations ruling; Ferrell appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty of care by seller’s agent to buyer | Ferrell argues Knighten owed a duty to disclose under § 33-28-303(c). | Knighten contends there was no duty or that the claim is time-barred. | Duty issue is moot; limitations ruling controls; appeal dismissed. |
Key Cases Cited
- Serda v. Dennis, 100 P.3d 860 (Wy. 2004) (dismissing appeal when damages and liability moot due to proven absence of damages; mootness governs)
- Ultra Resources, Inc. v. McMurry Energy Co., 99 P.3d 959 (Wy. 2004) (court upheld treating unresolved contract/arbitration issues as moot when a controlling ruling exists)