DANVILLE, Ind. – An Indiana Superior Court jury Oct. 27 awarded four members of local family $350,000 on fraud and deception claims the family brought against the former owner of their home. Colee v. Salesman, No. 32D02-0503-PL-16, Ind. Super. Ct., Hendricks Cty.).

Ronda and Brian Colee alleged that the late Carl L. Salesman misrepresented the condition of a house they purchased in 2001. The Colees claimed that Salesman declined to list hazardous mold conditions and basement water problems in a mandatory real estate disclosure form, and that mold problems surfaced within months of the purchase.

The Colees say the mold caused respiratory problems in their children, Rebecca, 12 and Brian Michael, 16, and led to the family’s relocation while they spent approximately $65,000 in renovations.

Salesman denied the allegations when they were made. He died in February 2004, and the case continued against his estate.

Trial was held before Superior Judge David Coleman and a six-member jury.

At trial, the Colees relied on testimony from former owners of the home, who testified that mold existed in the 1980s and 1990s, and neighbors who say they noticed that Salesman would leave windows open and run the air conditioning during the daytime hours shortly after purchasing the home.

The Colees maintained that Salesman was attempting to eliminate moldy odors from the house. The family also alleged that Salesman put the house on the market only a month after purchasing it and never lived in the home, despite his assertions to the contrary.

The Colees’ only expert at trial was Robert Schmeler, president of the Corporation for Environmental Management, who testified on environmental issues.

The Estate of Carl Salesman did not call any expert witnesses, but maintained that the house did not show signs of mold during the time Salesman owned it, and the Colees should have had the home inspected prior to purchase.

The Colees asked the jury for $327,000 in damages: $31,000 in out-of-pocket expenses for repairs, $34,000 in attorney's fees, and $50,000 in emotional distress damages for each family member. A portion of their repair costs, $35,000, was paid with a grant from the U.S. Department of Housing and Urban Development, according to counsel.


 

The Colees are represented by William O. Harrington of Danville, Ind.

John M. Howard Jr. of Danville represents the Estate of Carl L. Salesman.
 

# # #

Pure Air Control Services, Inc.

1-800-422-7873