Ford v. Cournale

In Ford v. Cournale (1973) 36 Cal.App.3d 172 , a purchaser of an apartment complex sued a real estate broker and salesman for fraud and misrepresentation for "puffing" the vacancy rate and income produced by the property. The Court of Appeal reversed a judgment on a jury verdict for the defendants because the trial court erred in failing to instruct the jury that the purchaser was not under a duty to make her own investigations regarding the property. "In fact, the purchaser did not have the duty of checking out all of the apartments and talking to the manager, as she had been dissuaded from doing so by the defendants at the request of the prior owners." (Ford, at p. 180.)