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LOMBARDO v. ALBU

No. 1 CA-CV 98-0113.

4 P.3d 395 (1999)

197 Ariz. 340

Joseph LOMBARDO and Jacqueline Lombardo, Husband and Wife, Plaintiffs-Appellants, v. Elaine ALBU and John Doe Albu, Husband and Wife; Phillip Mercurio, Jr. and Jane Doe Mercurio, Husband and Wife; Century 21 Alliance and Investment Group, an Arizona Corporation, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department E.

Review Granted May 25, 2000.

Attorney(s) appearing for the Case

Francis P. Smith, Phoenix, for plaintiffs-appellants.

O'Connor, Cavanagh, Anderson, Killingsworth & Beshears, P.A., by George H. Mitchell, Kerry M. Griggs, and Christopher Robbins, Phoenix, for defendants-appellees.

OPINION

LANKFORD, Judge.

¶ 1 Appellants Joseph and Jacqueline Lombardo, sellers in a residential real estate transaction, appeal from the summary judgment in favor of Elaine Albu, agent for the buyers. We affirm.

¶ 2 After making the Lombardos an offer, the buyers told Albu that they anticipated some difficulty obtaining financing. Albu did not disclose the buyers' financial situation to the Lombardos. The buyers failed to close escrow...

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