Watterud v. Gilbraith, 2015 MT 288 (Oct. 6, 2015) (Cotter, J.) (6-0, aff’d)
Issue: Whether the district court erred in granting summary judgment to sellers’ real estate agent on the basis that the buyers’ negligence claim is premised on duties to inspect and discover, which do no exist under the statute.
Short Answer: No.
Facts: Gilbraiths retained Amber Uhren to sell their home in September 2013. The GIlbraiths disclosed in the listing contract that the property had not been tested for mold nor treated or mitigated for mold.
Two days later, the Watteruds entered into a buy-sell with the Gilbraiths, and both couples signed a property disclosure statement and a mold disclosure form. The Gilbraiths disclosed that there had been leakage, flooding, moisture or evidence of water in the basement in 2005, and that the “issue has been handled & taken care of.”…