Carradine v. Cowell
Sandra Will Carradine purchased a house from William and Mary Cowell in June 1999. Her complaint, filed in June 2007, alleges that they breached the real estate purchase contract by failing to disclose that they substantially modified the house and made other improvements on the property without obtaining building permits and that they built a fence that encroaches on property owned by a homeowners' association. After a court trial, judgment was entered in favor of the Cowells. Carradine appeals, contending the trial court erred when it found that her claim was barred by the statute of limitations, when it found that respondents did not breach the contract, when it excluded evidence of their knowledge of undisclosed facts, and when it awarded them attorney's fees of $122,100. We conclude the complaint was time barred and that the fee award is not an abuse of discretion. Accordingly, Court affirm.
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