motion to dismiss was denied.
Background
This case arises out of the sale of a home in Winchester, Virginia, that allegedly suffered from several concealed defects. Glenn and Anja Walker filed suit against the seller, Moises Hernandez Sanchez; the listing agent and her brokerage, Janet Pichon Cersley and New Millennium RE LLC; the selling agent and her brokerage, Elizabeth
Jane Yesford and E Venture LLC, and the home inspector, Marlon Moore. Several defendants have filed motions to dismiss
Sanchez
Sanchez argues that Virginia’s source-of-duty rule bars several of the Walkers’ allegations from supporting their fraud claims. But the Walkers allege that Sanchez
made these promises with a present intention not to perform them. “[W]here the alleged fraud was perpetrated before a contract between the parties came into existence, it cannot logically follow that the duty…
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