Cengage Advantage Books: Business Law 13th Edition by Roger LeRoy Miller

Exercise 11

Third Party Beneficiary. David and Sandra Dess contracted with Sirva Relocation, LLC, to assist in selling their home. In their contract, the Desses agreed to disclose all information about the property on which Sirva "and other prospective buyers may rely in deciding whether and on what terms to purchase the Property." The Kincaids contracted with Sirva to buy the house. After the closing, they discovered dampness in the walls, defective and rotten windows, mold, and other undisclosed problems. Can the Kincaids bring an action against the Desses for breach of their contract with Sirva? Why or why not? [Kincaid v. Dess, 298 P.3d 358 (2013)]