REED V. KING 145 Cal.App.3d 261 (1983) CASE BRIEF

REED V. KING

145 Cal.App.3d 261 (1983)

NATURE OF THE CASE: This was a dispute over duties of disclosure owed from sellers to buyers in a residential sales agreement. Reed (P), homebuyer, challenged an order, which dismissed P's complaint against King (Ds), real estate agents, for rescission of the real estate contract.

FACTS: Reed (P) purchased a home from King (D). Neither D nor his real estate agents told P that a woman and her four children were murdered there ten years earlier. P learned of the tragedy after the closing from a neighbor who was told not to reveal the information prior to closing. P sued seeking rescission and damages. D and the agents successfully demurred to P's complaint and P appealed. It was established that D and the agents in fact knew of the murders and even enlisted the help of the neighbor in asking not to inform P of that event. D and his agents knew that the murders materially affected the value of the house when they listed it for sale. P paid $76,000 but the house was only worth $65,000 because of its past.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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