Ballagh v. Fauber Enters.

After Plaintiff bought a parcel of property from Fauber Enterprises, Inc., the basement of the house flooded when it rained. Plaintiff filed a complaint against Fauber, Fauber’s real estate agent, and others, alleging violations of the Virginia Consumer Protection Act (VCPA). The jury returned a verdict in favor of Defendants. Plaintiff moved for a new trial, arguing that the instructions given on the standard of proof were incorrect. The circuit court denied the motion. The Supreme Court reversed, holding (1) a plaintiff must prove a violation of the VCPA by a preponderance of the evidence; and (2) therefore, the circuit court erred by concluding that Plaintiff was required to prove her VCPA claims by clear and convincing evidence. Remanded. View "Ballagh v. Fauber Enters." on Justia Law