Wilfong v. Petrone
2013 Ohio 2434
Ohio Ct. App.2013Background
- Wilfongs sued Petrone entities in 2011 for breach of contract and fraud seeking rescission and damages.
- Petrones answered with a counterclaim for attorney fees and later moved for summary judgment.
- The trial court granted summary judgment for Petrones, applying caveat emptor and an As Is clause.
- Wilfongs amended their complaint to add The Petrone Trust; summary judgment ruling applied to all claims.
- Court of Appeals reviewed de novo, focusing on whether genuine issues of material fact remained.
- Evidence showed Wilfongs visited four times, knew property was in a flood plain, and acknowledged potential water intrusion; no misrepresentation found.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was summary judgment proper on all claims | Wilfongs argue fraud and misrepresentation existed | Petrones contend no material facts contested; disclosures adequate | Yes; Petrones entitled to judgment as a matter of law |
| Do caveat emptor and the As Is clause bar the claims | Disclosure failures could still render fraud; As Is not absolute | Buyer inspection and disclosure duties fulfilled; no fraud | Yes; caveat emptor and As Is barred the claims |
| Were the elements of fraud adequately shown | Defendant concealed or misrepresented current flooding | No active misrepresentation; disclosures acknowledged; reasonable inspection permitted | Yes; no fraud established under stated elements |
| Was the alleged misstatement about Section J of the disclosure form material | Section J failure to disclose current flooding; material to sale | Form responses were truthful or not dispositive given other disclosures | Not necessary to disturb the ruling; majority dispositive on remaining issues |
Key Cases Cited
- Layman v. Binns, 35 Ohio St.3d 176 (Ohio 1988) (caveat emptor doctrine in real estate defects case)
- Burr v. Stark County Bd. of Comm’rs, 23 Ohio St.3d 69 (Ohio 1986) (fraud elements; concealment and reliance)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (Dresher: moving party burden in summary judgment)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (Ohio 1977) (summary judgment standards; evidentiary burden)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (de novo review of summary judgments)
- Viock v. Stowe-Woodward Co., 13 Ohio App.3d 7 (6th Dist.1983) (standard of reviewing in appeals on summary judgments)