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Date: 11-08-2024
Case Style:
Aaron Severinsen v. Thomas and Michael Tueller, et al.
Case Number: 50261
Judge: Darren B. Simpson
Court: Seventh Judicial District Court, Bingham County, Idaho
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Blackfoot, Idaho real property law lawyers represented the Plaintiff and the Defendants on a failure to disclose information required to be disclosed.
In 1999, Thomas and Michelle Tueller purchased real property in Shelley, Idaho. Twenty years later, the Tuellers received a notice, dated August 16, 2019, that there would be a public meeting to address a request made by Searle Properties to change the zoning for property located south of the Tuellers' property. The notice also informed residents that Searle Properties intended to build a subdivision and included a plat map for that proposed subdivision titled "Preliminary Plat for Crystal Lake Estates No. 1." Both the Tuellers' property and the proposed subdivision fell within the City of Shelley's impact area. The Tuellers did not attend this initial meeting, but they did attend a later hearing regarding the requested zone change on October 15, 2019. At the October hearing, the Bingham County Commissioners granted Searle Properties' request and changed the zoning for its property from agricultural/residential to residential.
The Bingham County Commissioners held another meeting on May 11, 2020, to review the Bingham County Planning &Zoning Commission's recommendation to approve a preliminary plat for the Crystal Lake Estates subdivision. The Tuellers attended this meeting to voice their concerns about the proposed residential development. The Bingham County Commissioners later approved the preliminary plat for the proposed subdivision.
The following month, the Tuellers listed their property for sale, and the listing appeared on the Multiple Listing Service ("MLS") with descriptions including: "2 acre horse property," "mountain views," "valley views." The MLS listing described the property as an "extraordinary oasis." The Tuellers filled out a RE-25 Seller's Property Disclosure Condition Form ("Disclosure Form"), and answered questions about the condition of the Property, including:
A. Has the property been surveyed since you owned it? "Yes."
B. Are there any conditions that may affect your ability to clear title such as encroachments, easements, zoning violations, lot line disputes, restrictive covenants, etc.? "No."
C. Have you received any notices by any governmental or quasi-governmental entity affecting this property i.e. Local improvement district (LID) or zoning changes, etc.? "No."
D. Are you aware of any other existing problems concerning the property including legal, physical, product defects or other items that are not already listed? "No."
Severinsen, interested in making an offer on the Tuellers' property, walked around the property, but neither he nor his real estate agent spoke with any neighbors, checked for documents
on file with Bingham County, or otherwise performed any independent research on the property or conditions affecting the property. Instead, Severinsen relied solely on the Disclosure Form from the Tuellers. In addition, while Severinsen communicated his interest in purchasing farmland surrounding the Tuellers' property to his real estate agent, nothing in the record suggests that either Severinsen or his real estate agent communicated that interest to the Tuellers or their agent, nor does it appear that Severinsen investigated whether purchasing any surrounding property would be possible.
On August 8, 2020, Severinsen made an offer on the property. On making that initial offer, however, Severinsen learned that the Tuellers had received another offer, so Severinsen agreed to put up a non-refundable $20,000.00 payment to prevent the Tuellers from accepting the other bid. From Severinsen's perspective, he needed to complete the purchase of the property quickly, though he admitted that this came at the expense of a more thorough investigation. A few days later, Severinsen and the Tuellers executed a RE-21 Real Estate Purchase and Sale Agreement. On September 8, 2020, the parties closed, and Severinsen purchased the property for $625,000.[2]
Several months after the purchase, Severinsen attended a Bingham County Planning and Zoning meeting. At that meeting, Severinsen learned that the Crystal Lake Estates subdivision had been approved and that the Shelley city limits were changed. After, Severinsen called his agent to ask about the change in the city's boundaries, raising a concern that the Crystal Lake Estates subdivision would obscure his view and that future neighbors in the subdivision could complain if Severinsen were to have livestock on the property. Even so, by February 9, 2022, the property appreciated in value to approximately $900,000.
We have held "in Idaho that the owner of property is a competent witness to its value, as he is presumed to be familiar with its value by reason of inquiries, comparisons, purchases and sales." Schroeder v. Partin, 151 Idaho 471, 477, 259 P.3d 617, 623 (2011) (quoting Weaver v. Village of Bancroft, 92 Idaho 189, 193, 439 P.2d 697, 701 (1968)).
Severinsen v. Tueller, 50261 (Idaho Nov 08, 2024)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: