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DEPTULA v. SIMPSON

No. S-11948.

164 P.3d 640 (2007)

Chester P. DEPTULA, Jr. and Carol A. Deptula, husband and wife, Appellants, v. Beth SIMPSON, individually; Dynamic Properties, a business entity; The Estate of Ida M. Johnson; Gloria Williams, individually and as personal representative of the Estate of Ida M. Johnson, Appellees.

Supreme Court of Alaska.

July 27, 2007.

Attorney(s) appearing for the Case

Laurel J. Peterson, Law Offices of Laurel J. Peterson, Anchorage, for Appellants.

Erin B. Marston and Colleen J. Moore, Marston & Cole, P.C., Anchorage, for Appellees The Estate of Ida M. Johnson and Gloria Williams, Personal Representative.

Brewster H. Jamieson and Andrea E. Girolamo-Welp, Lane Powell LLC, Anchorage, for Appellees Beth Simpson and Dynamic Properties.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

This case involves a dispute arising out of a home sale. Before purchasing the house, the buyers waived their right to receive statutory disclosures about the house. Shortly after moving in, the buyers learned that the previous owner had died and partially decomposed in the house and that this decomposition had caused damage to the kitchen subfloor. The buyers brought suit against the...

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