Zapel v. Parker

Summary

The Montana Supreme Court affirmed summary judgment dismissing claims by property purchasers against subdivision developers for negligent misrepresentation and breach of the covenant of seisin. The court held that the purchasers failed to establish required elements of negligent misrepresentation and that their deeds did not provide a contractual basis for a private road easement.

Holdings

1. The plaintiffs failed to establish a negligent misrepresentation claim because they did not demonstrate that Georgetown Lake Estates made the alleged representation without reasonable grounds for believing it to be true or that it made the representation with intent to induce reliance.
2. The plaintiffs did not establish a breach of the covenant of seisin because the deeds did not convey or reference a private road or easement, and the clear deed language controlled the parties' rights.

Questions Presented

1. Whether Georgetown Lake Estates negligently misrepresented that the plaintiffs' lots included certain 30-foot strips of land and access to Marmot Road.
2. Whether Georgetown Lake Estates breached the covenant of seisin by failing to convey the promised private road or easement.

Disposition

affirmed