FITZMORRIS v. DEMAS

No. 92,817.

34 Kan.App. 2d 267 (2005)

KELLY L. FITZMORRIS, Appellant, v. MARK DEMAS and DIANN DEMAS d/b/a D&M PEST CONTROL, LARRY MARSHALL, d/b/a MARSHALL AUCTION AND REALTY, and CAROLYN K. PICKELL, Appellees.

Court of Appeals of Kansas.

Opinion filed August 5, 2005.


Attorney(s) appearing for the Case

Robert E. Barker, of Chanute, for appellant.

David W. Rogers, of Rogers Law Office, of Fredonia, for appellee Larry Marshall d/b/a Marshall Auction and Realty.

Before GREENE, P.J., CAPLINGER and BUSER, JJ.


CAPLINGER, J.

In this appeal, we are asked to interpret the scope of an agent's obligation under K.S.A. 2004 Supp. 58-30,106(d)(4) to disclose contradictory information from a third-party inspection report to the potential buyer of residential real estate. The buyer, Kelly Fitzmorris, appeals from the district court's ruling denying her motion for summary judgment and granting summary judgment to the seller's agent...

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