Saunders v. Taylor

In Saunders v. Taylor (1996) 42 Cal.App.4th 1538, the defendants failed to disclose that a patio addition and other improvements to the house they sold to the plaintiffs had been constructed without building permits and that some of the improvements did not comply with the building code. The plaintiffs sought damages comprised of the estimated cost to bring the improvements into compliance. The trial court granted a nonsuit and we affirmed, holding that the plaintiffs had failed to prove they had been damaged because they did not present evidence to show they had paid more for the real property than it actually was worth, which is the pertinent measure of damages. (Saunders, supra, 42 Cal.App.4th at p. 1545.)