Home Buyer’s Consumer Fraud Claim Dismissed Because Realtor Made No Material Misrepresentations or Omissions

In PH West Dover Property, LLC, Frankenberg, and Frederick v. Lalancette Engineers, Lalancette, and Barbara Walowit Realty, Inc., 2015 VT 48 (March 20, 2015), the Vermont Supreme Court affirmed the trial court’s dismissal of a home buyer’s consumer fraud claim, finding that any misrepresentations or omissions made by the realtor were not material.

Issue: Plaintiffs appeal from summary judgment order in favor of Defendant realtor on consumer fraud claim.

Holding: Affirmed because any misrepresentations or omissions made by Defendant realtor were not material and Plaintiff buyers had independent knowledge of the information they claim was withheld by Defendant realtor.

Dissent: JJ Dooley and Robinson dissented on the ground that, under the standard of review for summary judgment orders, there was a material issue of fact for the jury regarding whether Defendant realtor’s statements/omissions were misleading and caused Plaintiff buyers to sustain damages.