Savannah Jury Awards $72,000 in Property Defect Case

In July 2016, a property in Savannah, Georgia, was sold, with the sellers providing a disclosure statement that allegedly misrepresented the condition of the garage. The plaintiff, who purchased the property, claimed the sellers falsely stated there had never been water intrusion into the garage, despite ongoing leakage and resulting damage during rainfall that had existed prior to the sale. The plaintiff alleged the sellers were aware of this issue when the disclosure was made.

The plaintiff filed a complaint seeking judgment for the cost to repair the water intrusion defect and damages, along with punitive damages, attorney fees, and litigation expenses. Alternatively, the plaintiff sought rescission of the sales contract. The defendants raised several defenses, including failure to state a claim and insufficient service of process.

In November 2016, the court granted the plaintiff's motion for summary judgment regarding the defendants' affirmative defenses of failure to state a claim and insufficient service of process. The court found that the plaintiff had demonstrated a basis for judgment as a matter of law, and the defendants failed to present facts creating a genuine issue for trial on those defenses. The case then proceeded to trial.

In October 2018, a jury found in favor of the plaintiff on most claims, awarding $72,000 in compensatory damages for the water intrusion issues. The jury did not award punitive damages or attorney fees. The case was officially terminated in January 2019.