Most home sellers and buyers are familiar with the duty to disclose unseen defects in residential real property. Less clear is what that duty is in the context of the sale of commercial property between two sophisticated/investor parties. Further, nondisclosure cases are difficult because they present complex issues and rely heavily on witness and expert testimony. Paul and Andrew efficiently organized these concepts and materials and presented a clear and concise case to the jury. Making this case even more challenging was the defendants' numerous pre-trial and trial motions based on exculpatory and disclaimer provisions in the purchase and sale agreement. They argued persuasively to the Court that exculpatory and disclaimer provisions are no defense to fraud and deceit claims."

The jury`s verdict, handed down on February 1, confirms that the duty to disclose is alive and well and requires affirmative action by a seller of real property, regardless if the property is residential or commercial. Congratulations to Paul, Andy and the team!"