A jury has found a North Dakota Realtor and a brokerage guilty of fraud and breach of contract in the sale of a home that had structural problems. MoreLaw.com, a public access litigation digest, reported that a couple who purchased the home from Realtor Wesley "Wes" J. Bailey "discovered a false wall in the three-bedroom home that concealed a 'bowing, cracking and shifting' wood foundation." Thomas and Arel Axtmann, the Mandan, N.D., couple who purchased the home from Bailey, bought it for $59,500 in July 1999, and their complaint sought $59,550 in repair costs. A jury this month awarded the Axtmanns $75,000 in economic damages and $65,000 in exemplary damages. The litigation was complicated by an earlier lawsuit filed in 1995, also related to foundation problems, which led to a settleme...
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