Misrepresentation; Proximate Cause 

Posted: 1:00 am Mon, July 6, 2009
By Minnesota Lawyer
Tags: Torts

In an action for misrepresentation relating to the purchase of a home, it is necessary to prove that the alleged misrepresentation proximately caused the claimed damages.

In this case, where a home buyer alleged that the owner failed to disclose a fire caused by a lightning strike; but the buyer does not allege that the fire and the water used to put out the fire was the cause of the home’s pre-existing structural damage; we conclude that the buyer failed prove that the alleged misrepresentation proximately caused the claimed damages.

Affirmed.