Marcos Sawyer became asthmatic due to the toxic that emanated for the mold in the new house that they rented. Together with his mother Maria Angelina Castaneda they decide to sue the house seller and Coldwell Banker. Marcos and his mother accused these parties that they had breached some of the duties of care, such as they failed in disclosing that the room was contaminated with the microbial organism. In the court, Coldwell Banker demurred unsuccessfully to the complaint stages by Marcos and his mother that it did not owe him any care duty (Gee, 2010). It is from this that the court plays a role in the need for this case study.
Castaneda, the mother to Marcos, bought a house from Michael Behnke and the Coldwell Banker was involved as the listing agent in the sale. After moving into the house, they noticed the moldy smell that comes from the kitchen. The scent affected them making them ill with Marcos becoming asthmatic. Marcos then alleged Coldwell Banker for not conducting a reasonably competent and diligent inspection of the property. Also, he accused them of not disclosing the information concerning the presence of dangerous microbial contamination. He also has other allegations to the Coldwell Banker actively which it had failed in protecting and ensuring the health of its beneficiaries is safe. The court overruled finding Marcos stated a cause of action for negligence, nuisance and intentional infliction of emotional distress.
In solving the court case stages by Marcos, the Legislature could employ the comprehensive statutory scheme which was used in the 1965 legislative case entitled the “Duty to Prospective Purchaser of Residential Property.” Using this would help codify the duties of the realtor in the transactions of sales in the residential real estate. However, it was not used in the case of Marcos, and his case was having to be obsolete. It, therefore, valued the section 2079 were a real estate broker has a duty to a prospective purchaser of the residential real property (Braswell, Michael and Stephen 1992)
Proposed Solution Q3
The court raises cases that have been committed due the negligence and assumption made by the Coldwell Banker. The same issues are represented by the Coldwell banker in the case of Marcos and his mother about the improper housing management. Coldwell Banker intended to induce Castaneda and not Marcos. However, it has to cater for the expenses that Marcos used in his treatment since it could have prevented the condition in the house that they occupied.
Marcos is right in is accusations. Therefore, the court at last, ends up deciding in favor of Marcos and that mother. However, for the parties that is the Coldwell Banker to continue being a deal in housing, it should ensure that
- Inspects a house before it sells to the intended customers
- Familiarize with the customer to know their expectations
- Ensure proper conduct with its customers
The move by the court greatly reduced the liability by blockers who are specializing in the purchase and selling of houses. I therefore, agree with the court’s decision of punishing the Coldwell Banker for their failure to observe their beneficiaries’ health.
- Gee, Harold. “Residential Real Estate Data on the Internet: Benefits and Limitations.” Journal of Business & Finance Librarianship 15.2 (2010): 104-122. http://www.lawlink.com/research/CaseLevel3/81119
- Braswell, Michael K., and Stephen L. Poe. “The residential real estate brokerage industry: A proposal for reform.” American Business Law Journal 30.2 (1992): 271-334.