Goodfield

FACTS

Sellers listed their single-family home (property) for sale. It had a backyard pool and spa. Buyers offered to buy the property, sellers accepted the offer, and the parties opened escrow. Sellers were represented by an agent (sellers’ agent); Kerry Goodfield,1 a licensed real estate agent, acted as buyers’ agent. While in escrow, Kerry performed a visual inspection of the property pursuant to state law and prepared a report. With respect to the pool, the report noted there were “cracks in [the] pool[.]” It also stated the backyard wall was “tilt[ed] to [the] back slope[.]” Less than one week later, sellers’ agent performed a visual inspection of the property pursuant to state law and prepared a report. The only mention of the pool in the

When the context requires, we use the parties’ first names only for the sake of clarity; no disrespect is intended.

2 report was a recommendation for “buyer to satisfy themselves as to all plumbing and pool repairs.” Separately, the report advised the buyers “to have the home and grounds inspected by a [g]eotechnical [e]ngineer.” On the same day sellers’ agent inspected the property, Bruce received from sellers a copy of a written…