Home Builder All Wet About Wet Basement Report | |
Description | Professional engineer’s negative report about a home a couple was considering buying caused them to drop negotiations. The builder then sold the house for $15,000 less. Another engineer stated that the problem was not serious. Builder’s suit for tortious interference with a prospective business relationship must fail because there was nothing improper about the engineer’s methods. (Updated 10-3-97) |
Topic | Torts |
Key Words | Interference with a Business Expectancy, Home Inspection, Professional Engineer |
C A S E S U M M A R Y | |
Facts | The Kesslers had been negotiating to buy a new home built by Baldwin. The hired Sharp, a licensed Professional Engineer, to inspect the home. He reported what he believed were significant leakage problems in the basement that he estimated would cost $11,500 to repair. The Kesslers quit dealing with Baldwin who later sold the house for $15,000 less. Another engineer, hired by Baldwin, also found a water problem, but said it would be quite cheap to repair. Baldwin sued Sharp for tortious interference with a business relationship. |
Lower Court Decision | Summary judgement for Sharp. Baldwin failed to show a major element of this cause of action— "that Sharp lacked justification in issuing the inspection report." Baldwin appealed. |
Court of Appeals Decision |
Affirmed. This tort requires
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Citation | Baldwin Properties v. Sharp, ---SW2d--- (1997 WL 469395, Mo.App., Mo.) |
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