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Here is another interesting Wellington real estate related news article that we thought may provide you with helpful information.
A Kāpiti Coast couple have won a Court of Appeal case against the couple to whom they sold a leaky $785,000 home – despite twice telling the buyers it didn’t leak.
Steven and Katharine Mason bought the two-storey house in Raumati South, north of Wellington, from Andrew and Sharon Magee in 2011.
They subsequently found that, as a result of several original design and construction defects, it was a leaky home. The Masons said it would cost them $940,000 to fix.
They took their case to the High Court earlier this year, and won a ruling that the Magees were liable for a “pre-contractual misrepresentation” that induced them to buy the house.
The High Court awarded damages against the Magees of about $470,000, which the judge assessed to be the loss in value of the house, in Karekare Rd.
However, a Court of Appeal judgment published this week has overturned that decision, and found the Magees had no reason to believe the house they had been living in for two years was not weathertight.
The principal question in the appeal revolved around a conversation between Sharon Magee and Katherine Mason at the house in 2011, in which Mason said: “All I want to know is that this property is not a leaky house, because we couldn’t cope with that.”
Mason told the High Court: “Sharon replied that the house definitely was not leaky, and I recall her responding, ‘Absolutely not. We have never had………
Continue reading this article at the original source from Stuff.co.nz
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