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Pleasant v. Bradford

Legally and factually sufficient evidence supported the jury's findings on the element of reliance and on the amount of benefit-of-the-bargain damages owed to the Bradfords by the sellers? real estate agent Margaret Pleasant. Austin Court of Appeals, No. 03-07-00167-CV.

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OPINION

This appeal involves a realtor’s representation with respect to the square footage of improvements to a piece of residential real estate. The purchasers Jason and Ashley Bradford were awarded damages at trial on their fraud, negligent misrepresentation, and Deceptive Trade Practices Act claims based on an alleged overstatement by the realtor representing the sellers of the square footage of the home. On appeal, the sellers’ realtor complains of (1) the jury finding that the Bradfords acted in reliance on the realtor’s representation rather than on their own independent investigation; (2) the trial court’s failure to submit a jury question on waiver of claims; and (3) the insufficiency of the evidence presented at trial to support the amount awarded by the jury under the benefit-of-the-bargain measure of damages. We affirm the judgment of the district court.

Factual and Procedural Background

 
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