JHS Family Limited Partnetship v. County of Fresno
This action arises out of appellants’ purchase of commercial property at a tax sale auction conducted by respondent, County of Fresno (County). After the purchase, appellants discovered the property was contaminated. They filed the underlying complaint for breach of written contract alleging the County breached a provision in the binding terms of the auction promising to give notice of contaminated or possibly contaminated properties of which it was aware.
The trial court sustained the County’s demurrer without leave to amend. The trial court concluded appellants could not state a cause of action because purchasers at tax sales take the property “as is” and the County is immune from liability for any patent or latent conditions of property sold at a tax sale, whether known or unknown. Further, tax sale purchasers are limited to statutory remedies.
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