McClintock v. Fluellen

In McClintock v. Fluellen, Cuyahoga App. No. 82795, 2004 Ohio 58, this court held that a homeowner may not intentionally conceal known defects from a buyer; and in the event that a homeowner does so, their actions will constitute fraud. The holding in McClintock also states that in order to sustain a cause of action on the basis of fraud, the movant must show: (1) a material false representation or a concealment; (2) knowingly made or concealed; (3) with the intent of misleading another into relying upon it; (4) justifiable reliance upon the representation or concealment by the party claiming injury; (5) injury resulting from the reliance.