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Photo of Hodgson Russ Clients Only Parties Not Liable in Sinking-Home Lawsuit
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Hodgson Russ Clients Only Parties Not Liable in Sinking-Home Lawsuit

March 25, 2010

Karen and Anthony Regan sued the former owners of a home they had purchased in 2007 in Amherst, New York, claiming the home was sinking into the ground. They also sued the real estate firm that listed the property and several other parties involved in the sale.

On March 5, a New York State Supreme Court jury awarded the Regans the home’s purchase price, $282,000, finding the sellers had lied about the home’s condition (the Regans are also allowed to keep the home). In addition to finding the former owners 75 percent liable, the jury found the listing agent 20 percent liable and the Regans themselves five percent liable.

Only Keller Williams Realty and Scott Thomas, a Keller Williams agent who worked on the Regan’s behalf, were found not liable.

Keller Williams and Mr. Thomas were represented by Stephen W. Kelkenberg, a partner in the Hodgson Russ Business Litigation and Torts, Insurance & Products Liability Practice Groups.