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HOLM v BECKDAHL Click to find out why . . .



Keywords & Phrases
CourtCode: SU, CourtName: Superior Court, District: Fourth, JudgeName: Richard Savell, Plaintiff: HOLM, State: AK Alaska, UniqueCaseRef: AK>SU>87, Disclosure Statement, Disclosure Act, Innocent Misrepresentation, Parties, Real Property, Holms, Beckdahls, Sale, Residential Real Property, Mccombs, Real Estate, Alaska, Transaction, Real Property Transfers, House, Partial Summary Judgment, Transferor, Superior Court, Waived Completing, Legislation, James Holm, Marcia Holm, Lynne Beckdahl, Daniel Beckdahl, Margaret Mccombs, Premier Realty, Deficiencies , ContentID: 120239513

Case Documents
1 1997-08-13 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA Iäÿ¾&Xÿ¾6X
[ see first page and extracted highlights below  ] ItemID: 100015
10 pages
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Total Documents: 1 document , 10 pages
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1 . IN THE SUPERIOR COURT FOR THE STATE OF ALASKA Iäÿ¾&Xÿ¾6XÿÄ$

EXTRACTED KEY WORDS
DISCLOSURE ACT
INNOCENT MISREPRESENTATION
PARTIES
COURT
REAL PROPERTY
HOLMS
BECKDAHLS
SALE
RESIDENTIAL REAL PROPERTY
MCCOMBS
REAL ESTATE
ALASKA
TRANSACTION
REAL PROPERTY TRANSFERS
HOUSE
PARTIAL SUMMARY JUDGMENT
PLAINTIFFS
TRANSFEROR
SUPERIOR COURT
WAIVED COMPLETING
LEGISLATION
JAMES HOLM
MARCIA HOLM
LYNNE BECKDAHL
DANIEL BECKDAHL
MARGARET MCCOMBS
PREMIER REALTY
DEFENDANTS
DEFICIENCIES

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

FOURTH JUDICIAL DISTRICT

JAMES HOLM and MARCIA HOLM, Plaintiffs,

v.

G. LYNNE BECKDAHL and DANIEL F. BECKDAHL,

MARGARET McCOMBS, PREMIER REALTY -

MARGARET McCOMBS & C0., and RAAK & ASSOCIATES, Defendants.

Case No. 4FA-96-0596 Civil

ORDER GRANTING IN PART AND DENYING IN PART

THE HOLMS' MOTION FOR PARTIAL SUMMARY

JUDGMENT REGARDING INNOCENT MISREPRESENTATION

Plaintiffs' motion for partial summary judgment asks the Court to decide whether a claim for
perty exists where the parties to the transaction have waived completing the disclosure statement
n Residential Real Property Transfers Act [the Disclosure Act or the Act].

FACTS

Marcia Holm purchased a home from Lynne and Daniel Beckdahl [see endnote #1]. Margaret McCombs of
er residing in the house, the Holms discovered various deficiencies. These problems included the
able levels, water infiltration of the basement in the spring, structural problems with the
SNIPPETS:
  • IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
  • JAMES HOLM and MARCIA HOLM, Plaintiffs,
  • G. LYNNE BECKDAHL and DANIEL F. BECKDAHL,
  • MARGARET McCOMBS, PREMIER REALTY -MARGARET McCOMBS & C0., and RAAK & ASSOCIATES, Defendants.
  • Plaintiffs' motion for partial summary judgment asks the Court to decide whether a claim for
  • Marcia Holm purchased a home from Lynne and Daniel Beckdahl.
  • the Holms discovered various deficiencies.
  • These problems included the inability of the furnace to heat the house to comfortable levels,
  • the Beckdahls completed a Property Information Profile McCombs gave them.
  • Specifically, it requested the transferor reveal whether there were defects or malfunctions
  • the Holms argue that to allow a seller to take advantage of the statute's lower liability
  • The Real Estate Commission established under AS 08.88.011 shall establish the form of the
  • The superior court correctly concluded that AS 34.70 precludes claims of innocent
  • Both plaintiffs and defendants have submitted admissible evidence regarding whether the
  • The Holms may pursue a claim for innocent misrepresentation, but issues of fact as to whether
  • James Holm, Marcia's husband, was not party to the sale; however, he is a plaintiff in the
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