Hinson v. Bean

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Hinson v. Bean

Additional Case Names
@ 1:50pm
Case Number
A-20-0370
Court Number
Douglas
Call Date
January 12, 2021
Case Time
1:00 PM
Case Summary

A-20-0370, Hinson (appellants) v. Bean et al. (appellees)

Douglas County, District Court, Judge W. Russell Bowie

Attorneys for Appellants: Andrew M. Hollingsead and Michael J. Matukewicz

Attorneys for Appellees: Dan H. Ketcham and Alexander D. Struck

Civil Action: Breach of real estate disclosure requirements

Action Taken by Trial Court: The district court dismissed the Hinsons’ claims relating to their purchase of a home against all defendants other than Cindy Forehead and Ambassador Real Estate Co. pursuant to a joint stipulation. The district court then granted summary judgment in favor of Forehead and Ambassador, finding first that neither Forehead nor Ambassador could be held liable for breach of Neb. Rev. Stat. § 76-2417(3)(a) because Forehead, as a real estate broker and seller’s agent affiliated with Ambassador, did not have actual knowledge of adverse material facts that she was required to disclose to the Hinsons prior to the closing of the Hinsons’ purchase of the home. The district court further found that neither Forehead nor Ambassador could be held liable for breach of Neb. Rev. Stat. § 76-2,120 because the sellers whom Forehead represented did not have knowledge of any errors or omissions in the disclosure statement provided to the Hinsons.

Assignment of Error on Appeal: The Hinsons claim the district court erred in dismissing on summary judgment the Hinsons’ claim alleged against Forehead and Ambassador for breach of Neb. Rev. Stat. § 76-2417(3)(a).

Case Location
Lincoln
Court Type
District Court
Schedule Code
A2
Panel Text
Riedmann, Bishop, and Welch, Judges