Teter v. Old Colony Co
In Teter v. Old Colony Co., 190 W.Va. 711, 441 S.E.2d 728 (1994), the purchasers of residential property brought an action against a real estate broker and civil engineering firm alleging a breach of duty in failing to discover and disclose the defective condition of a retaining wall on the property.
The purchasers did not assert that there was a material misrepresentation made on the part of the broker.
Further, the purchasers did not assert that the broker concealed a significant latent defect in the property of which the broker was aware or reasonably should have been aware.
Instead, the purchasers argued that the broker had a superior knowledge and therefore, had a duty to investigate and discover whether the retaining wall was defective.
The Court declined to hold that a broker has an independent duty to inspect and uncover latent defects on residential premises.