Preview:

IN THE COURT OF APPEALS OF IOWA No. 9-684 / 08-1694 Filed November 25, 2009 JAMES E. MCDONALD and SHARON L. DOZIER, Plaintiffs-Appellants, vs. JAMES L. SHIPLEY and LINDA M. SHIPLEY, Defendants-Appellees. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Artis Reis, Judge.

Plaintiffs appeal the district court rulings for defendants on their action alleging failure to disclose certain problems with the property they purchased from defendants. AFFIRMED.

Peter C. Riley of Tom Riley Law Firm, P.L.C., Cedar Rapids, for appellants. William B. Serangeli and Joseph M. Borg of Smith, Schneider, Stiles & Serangeli, P.C., Des Moines, for appellees.

Heard by Potterfield, P.J., Doyle, J., and Mahan, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2009).

2

PER CURIAM I. Background Facts & Proceedings

James McDonald and Sharon Dozier, husband and wife (the McDonalds), were interested in purchasing a ranch home with a walk-out basement. They also needed a large garage for their antique cars. From an acquaintance they heard James Shipley and Linda Shipley (the Shipleys) might be interested in selling their home in Windsor Heights. The McDonalds approached the Shipleys about purchasing their home. The McDonalds viewed the outside of the home. They later toured the inside of the home with the Shipleys. James McDonald returned to view the inside of the home a second time. He had John White, of Building Inspectors, accompany him to give an opinion about the basement floors, and another person gave him an estimate on new sewer pipe. The McDonalds determined they would probably have to upgrade the electrical service, and there was some settling of the basement floors. They also realized it was a possibility the

Shipleys house would also need a new sewer line. The McDonalds noticed part of the patio was settling, and they intended to fix that. They also intended to build a new garage. On May 30, 2003, the Shipleys signed a Seller Disclosure of Property Condition, as required by Iowa Code chapter 558A (2003). They disclosed the following repairs or problems with the home: "resealed vents

Download JAMES E. MCDONALD and SHARON L. DOZIER, Plaintiffs-Appellants, vs. JAMES L. SHIP

Iowa Law