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OSTERHAUS v. SCHUNK

No. 97,847.

249 P.3d 888 (2011)

Jason L. OSTERHAUS, Appellant, v. Jean Betty Toth, et al., and Jeffrey S. SCHUNK & TopPros Real Estate, Inc., Appellees.

Supreme Court of Kansas.

March 11, 2011.

Attorney(s) appearing for the Case

James E. Kiley, Jr. , of The Kiley Law Firm, LLC, of Overland Park, argued the cause and was on the briefs for appellant.

Thomas S. Busch , of Holman, Hansen and Colville, P.C., of Overland Park, argued the cause and was on the briefs for appellees Jean Betty Toth and Toth Trust.

John W. Nitcher , of Riling, Burkhead and Nitcher, Chtd., of Lawrence, argued the cause and was on the briefs for appellees Jeffrey S. Schunk and TopPros Real Estate, Inc.

Robert S. Caldwell , of Caldwell & Moll, L.C., of Overland Park, was on the brief for amicus curiae Reece & Nichols Realtors, Inc.

The opinion of the court was delivered by NUSS, J.:

This case arises out of the sale of a home which was later discovered to have structural flaws. Jason Osterhaus, a first-time home buyer, brought an action against the seller (Jean Betty Toth), Toth's real estate agent (Jeffrey Schunk), and Schunk's company (TopPros Real Estate, Inc.). Osterhaus alleged deceptive and unconscionable acts under the Kansas Consumer Protection Act (KCPA), K.S.A. 50-623 et seq.,

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