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Skurnowicz v. Lucci

Where buyers of property claimed sellers made fraudulent misrepresentations, judgment affirmed in part and reversed in part; judgment that sellers made a misrepresentation material to parties' transaction affirmed because it was supported by clear and convincing evidence; court's award of actual damages affirmed because proper measure of damages was used.

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� 1 Appellants Frank and Janice Skurnowicz and appellees Joseph and Joan Lucci both appeal from the lower court’s July 12, 2001, order. This order denied all of appellees’ post-trial motions, and granted appellants’ post-trial motions in part and denied them in part. We affirm in part, vacate in part, and remand.

� 2 In early 1997, appellees, who then lived at 3980 Larkspur Drive, Allentown, Lehigh County, Pennsylvania (hereinafter the “property” or “premises”), placed their property on the market for $229,900. Appellees then reduced their asking price to $189,900 in June of that year. Appellants toured the premises several times; and on August 5, 1997, they entered into an agreement of sale for $189,000.

� 3 In July of that year, during one of appellants’ visits to the property, Mr. Lucci told Mr. Skurnowicz that he and his wife had experienced no drainage or flooding problems while they lived there. At this time, Mr. Skurnowicz expressed his intent to build a large workshop on the northeast portion of the premises where he could restore antique automobiles. Mr. Lucci responded that the only potential problem to this plan was the need to contact the Lower Macungie Township Zoning Officer prior to beginning. He further emphasized that there had never been any drainage problems in the area where appellants wanted to build.

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