(Download) "Warehouse Associates Corporate Centre II, Inc. v. Celotex Corp." by Texas Fourteenth District Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Warehouse Associates Corporate Centre II, Inc. v. Celotex Corp.
- Author : Texas Fourteenth District Court of Appeals
- Release Date : January 30, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 90 KB
Description
This case arises out of the sale of real property under a contract that contains as-is and waiver-of-reliance provisions. After the sale, the buyer discovered asbestos in the soil on the property and brought suit against the seller and its employees alleging common law fraud, statutory fraud, and negligent misrepresentation. The main issue on appeal is whether the trial court correctly granted summary judgment based on the contracts as-is and waiver-of-reliance provisions. We first discuss the effect of the Texas Supreme Courts decision in Schlumberger Tech. Corp. v. Swanson on its prior opinion in Prudential Ins. Co. of America v. Jefferson Assocs., Ltd. We then conclude that the trial court erred in granting summary judgment as to the fraudulent-inducement exception to the enforceability of the as-is and waiver-of-reliance provisions because the summary-judgment evidence raises a fact issue as to whether the sellers alleged fraudulent representations or concealment of information induced the buyer to enter into this contract. However, we also conclude that the summary-judgment evidence proves as a matter of law that the seller did not impair, obstruct, or interfere with the buyers inspection of the property, which, if proved, would have defeated enforceability of the as-is and waiver-of-reliance provisions in the sales contract. Because there is a fact issue as to the fraudulent-inducement exception, we reverse the trial courts judgment and remand for further proceedings consistent with this opinion.
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