Question: After living in their home for three years Roger Nathaniel
After living in their home for three years, Roger Nathaniel and Sharon Diamond sold the home to the plaintiff s, Marc Copland and Joan Lund. Nathaniel and Diamond hired a pest control company to inspect the home. The company reported that there was evidence of a previously treated infestation but that no evidence of active infestation was found. This report was provided to Copland and Lund prior to the sale of the home. The contract specified that the purchaser had inspected the premises and agreed to purchase it "as is." A year later, the plaintiff s discovered that levels of chlordane were present on the property. They also discovered that the home had been treated 10 years earlier for termites. At that time, chlordane was used to remove termites. Despite one toxicologist's report that the level of chlordane did not constitute a health concern, Copland and Lund spent $50,000 removing the contaminated soil from their property. They brought an action against the previous owners, Nathaniel and Diamond. How do you think the court decided?
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