Pagano

Plaintiffs Raymond Pagano and Lillian Pagano (the Paganos), purchasers of the subject condominium, sued the seller and the real estate brokers and agents involved in the sale transaction on various theories arising out of the defendants’ alleged nondisclosure that the property was afflicted with a severe water intrusion problem affecting the entire condominium complex. The Paganos appeal a summary judgment entered in favor of all defendants. The various issues on appeal articulated by the Paganos boil down to whether there are triable issues of fact as to whether the defendants breached their respective duties of disclosure owed to the Paganos. We affirm.

Factual and Procedural Background

Defendant Helga Krohn (Krohn) listed her condominium in Black Horse Ranch (Blackhorse) for sale with defendant Peggy Chodorow (Chodorow), a real estate broker affiliated with defendant Coldwell Banker Residential Real Estate Corporation (Coldwell). On April 24, 1993, Krohn accepted an offer from Raymond Pagano (Pagano) to purchase the condominium for $320,000.

On April 26, Krohn prepared a real estate disclosure statement representing she was unaware of any flooding, drainage or…