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James T. Hall, et al. v. Lovell Regency Homes Limited Partnership, et al., No. 526, September Term 1997

______________________________________________________________ DAMAGES -- BREACH OF CONTRACT -- WARRANTY -- NEGLIGENT MISREPRESENTATION -- SALE OF REAL PROPERTY -- COST TO REPAIR DEFECTS IN REAL PROPERTY -- LOSS IN FAIR MARKET VALUE OF REAL PROPERTY -- "OUT OF POCKET" TEST AND "BENEFIT OF BARGAIN" TEST REQUIRE COMPARISON OF LIKE VALUATION VARIABLES AT SINGLE POINT IN TIME -- LOSS OF USE AND ENJOYMENT OF PROPERTY -- DISTINCTION BETWEEN ACTION FOR INJURY TO PROPERTY AND CONTRACT OR TORT ACTION FOR PECUNIARY INJURY ARISING OUT OF SALE OF REAL ESTATE -- LOSS IN VALUE AND LOSS IN USE NOT DISTINGUISHABLE -- CONSEQUENTIAL DAMAGES -- ACTUAL INJURY REQUIREMENT OF MARYLAND CONSUMER PROTECTION ACT -- IN ABSENCE OF EVIDENCE OF DAMAGES USING LEGALLY ACCEPTED MEASURE ACTUAL INJURY REQUIREMENT NOT SATISFIED.

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 526 SEPTEMBER TERM, 1997

JAMES T. HALL, ET AL. v. LOVELL REGENCY HOMES LIMITED PARTNERSHIP, ET AL.

Davis, Thieme, Byrnes, JJ. Opinion by Byrnes, J.

Filed: April 20, 1998

Appellants are four couples who purchased newly-constructed houses in the Kingsbrook Development in Frederick County, Maryland. After experiencing water and drainage problems with their

properties, they brought suit in the Circuit Court for Frederick County against appellees, the builder of their houses and its general partners, alleging violations of the Maryland Consumer Protection Act, Maryland Code, (1990 Repl. Vol., 1997 Cum. Supp.),

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