BOWMAN v. PRESLEY

No. 105,727.

212 P.3d 1210 (2009)

2009 OK 48

Richard BOWMAN and Dana Bowman, Plaintiffs/Appellants v. Michael PRESLEY; Heidi Presley; Linda Presley and Century 21 Bob Crothers Realty, Inc., Defendants/Appellees.

Supreme Court of Oklahoma.

June 30, 2009.


Attorney(s) appearing for the Case

Jeff L. Hartmann, Kerr, Irvine, Rhodes & Ables, Oklahoma City, OK, for Plaintiffs/Appellants.

Jon D. Flowers, Shawnee, OK, for Defendants/Appellees Michael and Heidi Presley.

Hugh A. Baysinger, Kimberly A. Stevens, Pierce, Couch, Hendrickson, Baysinger & Green, for Defendants/Appellees Century 21 Bob Crothers Realty, Inc. and Linda Presley.1


OPALA, J.

¶ 1 The dispositive issue tendered on certiorari is whether summary judgment was erroneously given to the defendant realtors and sellers. We answer this question in the affirmative. A buyer of real property may rely upon the positive representations of realtors and sellers about the size of the property to be conveyed. When a realtor or seller of real property makes material representations to a purchaser about the property's size, a determination of...

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