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LERNER v. DMB REALTY, LLC

No. 1 CA-CV 11-0339.

294 P.3d 135 (2012)

Glen J. LERNER and Robynn Lerner, a married couple, Plaintiffs/Appellants, v. DMB REALTY, LLC, a Delaware limited liability company; Jeff Currier and Marissa Currier, a married couple, Defendants/Appellees.

Court of Appeals of Arizona, Division 1, Department B.

November 27, 2012.

Attorney(s) appearing for the Case

Kercsmar & Feltus PLLC By Todd Feltus , William T. Luzader III , Scottsdale, Attorneys for Plaintiffs/Appellants.

Ballard Spahr LLP By Brian Schulman , Craig C. Hoffman , Phoenix, Attorneys for Defendants/Appellees Jeff and Marissa Currier.

Manning & Kass, Ellrod, Ramirez, Trester, LLP By Robert B. Zelms , Anthony S. Vitagliano , Scottsdale, Attorneys for Defendant/Appellee DMB Realty, LLC.

OPINION

JOHNSEN, Judge.

¶ 1 After Glen and Robynn Lerner unwittingly bought a home next door to a registered sex offender, they sued the couple who sold them the home and the real estate broker that represented both couples in the transaction. The defendants moved to dismiss, arguing the Lerners' claims of fraud, misrepresentation and breach of fiduciary duty were barred by the sales documents and by Arizona Revised Statutes ("A.R.S.") section 32-2156...

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