— by Lin McNulty —
The Washington Court of Appeals, Division One, in a ruling on Tuesday, February 21, 2017 reversed a lower court ruling in Jonathan Deegan and Alice O’Grady v. Windermere, et. al and remanded the case back to the trial court.
When Jonathan Deegan and Alice O’Grady purchased their Whidbey Island homes, Windermere Center-Isle and RE/MAX Acorn (listing agents) provided Deegan and O’Grady limited warnings of airport noise, but not the extensive warnings required by Island County Code. Deegan and O’Grady filed a class action complaint under the Consumer Protection Act, alleging the listing agents engaged in unfair or deceptive acts by omitting the detailed warnings.
The trial court granted the listing agents’ motion to dismiss, concluding Deegan and O’Grady had a legal duty to inquire and the statute of limitations had run on Deegan’s claim.
Because the listing agents do not establish that Deegan and O’Grady had a duty to inquire and hypothetical facts, together with the applicable presumption of reliance, support the claim, the Appeals Court concluded the trial court erred in dismissing the claim.
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