Washington Legal Roundup – Division I
Geoff Boguch wanted to sell waterfront property in Hunt’s Point. He hired the Landover Corporation (Landover) to list the property. It didn’t sell right away and Landover added an aerial photograph of the property to the Internet with incorrectly drawn boundary lines.
No one offered to buy the property for about two years before it was noticed that the aerial photograph was inaccurate. Mr. Boguch eventually hired another company to list the property and sold it for substantially less than he had asked. Mr. Boguch sued Landover because he believed that their negligence in putting the wrong image up had made it impossible to sell at a higher price.
The trial court had dismissed Mr. Boguch’s claims on summary judgment because he did not bring forth evidence showing that Landover’s negligence had actually caused the property to be unsellable at the higher price. The Court of Appeals affirmed, but held that attorney fees for Landover were only available for claims that Mr. Boguch brought under the contract for listings services. The tort claims (for allegedly breaching the duties of real estate agents) were not subject to attorney fees.