Hartzog

INTRODUCTION

Todd Hartzog and Stacy Hartzog (the Hartzogs) purchased a house from Thomas Beadel and James Quandt. The Hartzogs contend Beadel and Quandt misrepresented and failed to disclose facts regarding the condition of the house. The Hartzogs further contend they would not have purchased the house if Beadel and Quandt had provided them with the true facts regarding the house. David Scott Smolens and In One Construction, Inc., doing business as All In One Construction, are licensed contractors. (David Scott Smolens and In One Construction, Inc., will be referred to herein as Smolens.) Smolens performed work on the house before Beadel and Quandt sold it to the Hartzogs. The Hartzogs sued Smolens for fraud, among other things. Smolens filed a motion for summary judgment. The court granted the motion and entered judgment in favor of Smolens and against the Hartzogs; the Hartzogs appeal. Smolens successfully made a prima facie showing for judgment in his favor. He thereby shifted the burden to the Hartzogs to demonstrate the existence of a triable issue of material fact. The Hartzogs failed to do so; therefore, we affirm the judgment in favor of Smolens.

STATEMENT OF FACTS AND…