Johnson County, Kansas Jury Returns Defense Verdict in Seller’s Disclosure Case11/07/2019
John Franke and Joan Sheridan received a defense verdict in a seller’s disclosure case in Johnson County, Kansas on November 7, 2019. Plaintiffs claimed Defendant made negligent misrepresentations and violated the Kansas Consumer Protection Act by answering “No” to questions about proposed changes to the neighborhood or surrounding area when he completed a standard form Seller’s Disclosure in connection with the sale of his home to Plaintiffs in the summer of 2016. In the spring of 2015, the City of Leawood, Kansas approved a zoning change for already-existing commercial property located 500 feet from the home which would allow for the construction of a four-story apartment building. Construction of the apartment building began in the summer of 2017. Plaintiffs alleged that Defendant made misrepresentations when he failed to disclose the change in zoning on the Seller’s Disclosure. Defendant denied he made any misrepresentations and that Plaintiffs could have learned of the zoning change or proposed plans for the commercial property through a reasonable inspection of their own. The jury returned a verdict in favor of Defendant finding no material misrepresentations were made by the Seller’s Disclosure.