UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ ) DWIGHT LACY, ) ) Plaintiff, ) ) v. ) ) Case No. 22-cv-00558 (APM) MARIA LAURA ORTEGA and WEICHERT ) REALTORS, ) ) Defendants. ) _________________________________________ )

MEMORANDUM OPINION AND ORDER

I.

Before the court are Defendants Maria Laura Ortega and Weichert Realtors’ respective

Motions for Summary Judgment, ECF Nos. 66 [hereinafter Def. Weichert’s Mot.] and 67

[hereinafter Def. Ortega’s Mot.]. After briefing on the motions concluded, Plaintiff Dwight Lacy

moved for Leave to File an Amended Statement of Genuine Issues in Dispute, ECF No. 70

[hereinafter Pl.’s Mot. to Amend], and for Leave to Supplement his Omnibus Opposition to the

Motions for Summary Judgment, ECF No. 73 [hereinafter Pl.’s Mot. to Suppl.]. The court grants

Plaintiff’s motions and will consider his proffered filings as part of the summary judgment record.

On the merits, the court grants Defendants’ motions as to Plaintiff’s Residential Lead-Based Paint

Hazard Reduction Act claim but denies them as to all others.

II.

On November 17, 2020, Plaintiff entered into a contract with Defendant Ortega to purchase

a residential property located at 477 Valley Avenue S.E., Washington, D.C. (the “Property”) for

$433,000. Pl.’s Mot. to Amend, Pl.’s Am. Stmt. of Genuine Issues in Dispute, ECF No. 70-2 [hereinafter Pl.’s Stmt.], at 5, ¶ 19; id. at 1, ¶ 1. Defendant Ortega had herself purchased the

Property earlier that year. Id. at 1, ¶ 1. When she listed the Property for sale, she advertised it as

“fully renovated,” with the owner having “spent more than $100K in renovation.” Id. at 1–2, ¶¶ 2–

3. At the time she listed and sold the Property, Defendant Ortega was affiliated with Defendant

Weichert as a Sales Associate. Id. at 15, ¶ 18.

Prior to signing the contract, Plaintiff’s realtor asked Defendant Ortega about the specific

renovations performed and to provide any permits she had obtained to complete them. Id. at 4,

¶ 16. Defendant Ortega responded with a list of renovations that included, among other things,

duct work for an HVAC system, finishing the unfinished basement, making electrical repairs, and

repairing windows and the backyard concrete stairs. Id. at 4–5, ¶¶ 17–18. The only permit that

Defendant Ortega shared with Plaintiff covered air conditioning improvements.1 Id.; Def.

Weichert’s Mot., Ex. 11, ECF No. 66-13. Defendant Ortega also provided Plaintiff with a variety

of legally required disclosures, including both state and federal lead-paint disclosures. Pl.’s Stmt.

at 2–3, ¶¶ 6–12.

Just before closing, Defendant Ortega completed an “Owner’s Affidavit.” See Pl.’s Opp’n

to Defs.’ Mots. for Summ. J., ECF No. 68 [hereinafter Pl.’s Opp’n], Ex. F, ECF No. 68-9

[hereinafter Owner’s Aff.]. In it, she swore that she has “never been aware . . . of any [] problems

relating to either the issuance of a building permit or to the failure to obtain one for any

improvement to the property,” and that “any improvements added to land were authorized by

building permit.” Id. ¶ 14. The stated purpose of the affidavit was to “induce the purchase of . . .

the premises.” Id. ¶ 16. The parties closed on the Property on December 23, 2020. Pl.’s Stmt. at

8, ¶ 37.

1 Separate from these renovations, Defendant Ortega later obtained a permit for an “electrical heavy up” that the parties agreed to just before closing. Pl.’s Stmt. at 6–8, ¶¶ 27, 31–34.

2 After moving in, Plaintiff began to encounter multiple problems with the home, including

the “constant tripping” of electrical breakers, a leaky hot water heater, and water seeping through

the windows during rainstorms. Pl.’s Opp’n, Lacy Aff., ECF No. 68-3, ¶ 6. Plaintiff requested an

investigation by the D.C. Department of Consumer and Regulatory Affairs (DCRA), which sent

an inspector to examine the Property. Pl.’s Opp’n, Ex. G, ECF No. 68-10 [hereinafter DCRA

Report], at 7. The inspector concluded that the required permits were not obtained for “demolition

of the rear steps and side window,” the “[n]ew electrical wiring and outlets in the basement,” or

installation of the new furnace. Id.

Larry Wasson, Plaintiff’s expert in building inspection, also inspected the Property. He

identified issues ranging from improper furnace installation to faulty electrical wiring, several of

which posed safety hazards. Pl.’s Opp’n, Ex. I, ECF No. 68-12 [hereinafter Wasson Report], at

14–17. Plaintiff’s structural engineering expert, Anthony Colicchio, estimated that “[t]he cost to

remediate the deficiencies, substandard work, hazardous conditions, and non-compliances and

violations of the 2017 District of Columbia Residential Code (effective May 29, 2020) is

$211,606.00.” Pl.’s Opp’n, Ex. K, ECF No. 68-14 [hereinafter Colicchio Report], at 4.

Plaintiff sued Defendants over these defects in March 2022. Compl., ECF No. 1.

Following successful motions to dismiss, see Order, ECF No. 16, and Plaintiff’s subsequent filing

of an amended complaint, four claims remain: (1) negligent misrepresentation (Count I);

(2) consumer fraud and deceptive trade practices (Count II); (3) violation of the District of

Columbia’s Consumer Protection Procedures Act (Count III); and (4) violation of the Residential

Lead-Based Paint Hazard Reduction Act (Count IV), see Order, ECF No. 23; Am. Compl.,

ECF No. 36. Defendants each filed a counterclaim for contractual indemnity for costs and

attorney’s fees. Def. Weichert’s Answer to Am. Compl. & Counterclaim, ECF No. 25;

3 Def. Ortega’s Counterclaim, ECF No. 27. Defendants now move for summary judgment on

Plaintiff’s claims and their counterclaims.

III.

Before reaching the merits, the court addresses Plaintiff’s motions to amend and

supplement his filings.

Motion to File Amended Statement of Genuine Issues in Dispute. Federal Rule of Civil

Procedure 56, which governs motions for summary judgment, requires that “[a] party asserting

that a fact cannot be or is genuinely disputed must support the assertion by . . . citing to particular

parts of materials in the record.” Fed. R. Civ. P. 56(c)(1)(A). This court has supplemented Rule 56

with Local Rule 7(h). The rule requires parties to submit “statement[s] of material facts,” in which

the movant identifies the facts they believe to be undisputed and the nonmovant identifies the facts

they believe to be in genuine dispute. See LCvR. 7(h)(1). The statements must “include reference

to the parts of the record relied upon to support” them. Id. Plaintiff, however, did not include the

necessary record citations in his statement.

After Defendants noted the noncompliance, Plaintiff promptly moved to file an amended

statement. Pl.’s Mot. to Amend. Defendants oppose the motion. They maintain that, because

Plaintiff failed to include the citations in his original statement, the court should accept

Defendants’ facts as admitted. Defs.’ Omnibus Reply in Supp. of Summ. J., ECF No. 69

[hereinafter Defs.’ Reply], at 2. The court declines to do so. The court acknowledges that

Plaintiff’s initial statement of material facts did not conform to the rules. But the court has

discretion in how it handles such deficiency. See Twist v. Meese,

(D.C. Cir.

1988). When allowing correction of an inadequate statement of facts does not result in prejudice,

simply accepting the opposing party’s facts would elevate form over substance. See Jackson v.

4 Finnegan, Henderson, Farabow, Garrett & Dunner,

(D.C. Cir. 1996)

(providing that district courts may consider prejudice in ruling on a violation of Rule 7(h)’s

identical predecessor). Defendants nowhere contend that Plaintiff’s failure to include citations

inhibited their ability to meaningfully respond. Cf. Glass v. Lahood,

(D.D.C. 2011). The court thus will not treat Defendants’ facts as admitted and grants Plaintiff’s

motion.

Motion to Supplement Opposition to Summary Judgment. After briefing concluded, the

D.C. Department of Buildings (DOB) Office of Civil Infractions in October 2024 issued a Notice

of Infraction (NOI) to Defendant Ortega for code violations related to the renovations. Pl.’s Mot.

to Suppl., Ex. A, ECF No. 73-2 [hereinafter NOI], at 2. Plaintiff seeks to enter the NOI into the

record and supplement his opposition memorandum to discuss it. Pl.’s Mot. to Suppl. ¶¶ 9–10.

The court may allow a party to supplement the summary judgment record after briefing has

closed “if new relevant facts come to light.” NAACP Legal Def. & Educ. Fund, Inc. v. Barr,

, 126 n.2 (D.D.C. 2020). The NOI is plainly relevant to Plaintiff’s contention that

Defendant Ortega made unpermitted renovations to the Property—it is yet another official

recognition of that failure.

Defendants’ arguments as to why the NOI should be excluded are unpersuasive.

Defendants first question the foundation for the DOB inspector’s findings and conclusions, arguing

that he merely recites Plaintiff’s allegations rather than stating his own observations. Defs.’ Opp’n

to Pl.’s Mot. to Suppl., ECF No. 74 [hereinafter Defs.’ Opp’n], at 1–2. But the NOI includes an

attached report from the inspector’s examination of the Property. NOI at 23–27. The inspector

therefore has the requisite “personal knowledge” for his report to be admissible. See Stehn v. Cody,

, 150–51 (D.D.C. 2014).

5 Defendants also dispute the significance of the report. They point out that the report

reflects the conclusions of only an individual inspector, rather than an adjudicatory body. While

true, this fact goes to the exhibit’s weight, not its admissibility. Even if it is the inspector’s

conclusion alone, it is probative as to whether Defendant Ortega made unpermitted renovations to

the Property.

Defendants lastly argue that the evidence should be excluded under Federal Rule of

Evidence 403. Under Rule 403, “[t]he court may exclude relevant evidence if its probative value

is substantially outweighed by a danger of . . . unfair prejudice.” But the cases Defendants cite—

in which the court excluded evidence of paid traffic fines—are inapposite. See Defs.’ Opp’n at 2–

3 (first citing Johnson v. Leuthongchak,

(D.C. 2001); and then citing Stehn,

). For one, this case does not involve any payment that could be construed

as an admission. In fact, Defendant Ortega has already denied the allegations. Defs.’ Opp’n, Ex.

1, ECF No. 74-1. Also, the reasoning of Leuthongchak and Stehn is unique to traffic fines, for

which the small amounts may make paying them “the least intrusive” way to dispose of them, even

if a person believes they are innocent. Stehn,

(quoting Leuthongchak,

). Evidence of payment in that context is therefore minimally probative but risks

unfair prejudice by implying a belief of guilt the payer may not hold. See

at 147–48. By

contrast, Defendant Ortega faces $16,243 in potential penalties. NOI at 3. It is unlikely that, if

she believes she is innocent, she would “pay [the] preset fines for the sake of convenience or

expediency” rather than adjudicate the charges. Stehn, 74 F. Supp. at 146 (citation omitted). The

court thus sees both greater probative value in and less of a risk of unfair prejudice from admitting

evidence of the alleged infraction than the court did in Stehn or Leuthongchak.

Seeing no reason to exclude the NOI, the court grants Plaintiff’s motion to supplement.

6 IV.

The court now proceeds to the merits. Summary judgment is appropriate when “the movant

shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment

as a matter of law.” Fed. R. Civ. P. 56(a). In evaluating the motion, the court must view the

evidence “in the light most favorable to the nonmoving party” and “draw all reasonable inferences”

in their favor. Talavera v. Shah,

(D.C. Cir. 2011) (citing Anderson v. Liberty

Lobby, Inc.,

(1986)). A “genuine” dispute exists if, viewing the record in this

light, a reasonable jury could find in favor of the nonmovant. Anderson,

.

A.

Counts I, II, and III—alleging negligent misrepresentation, consumer fraud and deceptive

trade practices, and violation of D.C.’s Consumer Protection Procedures Act, respectively—all

relate to the same operative allegation: Defendant Ortega advertised the Property as “fully

renovated,” yet failed to disclose that the renovations were performed without the proper permits.

Indeed, Defendant Ortega arguably made affirmative misrepresentations. She attested in the

Owner’s Affidavit that she was “not aware” of “violations of any building permit, zoning law or

ordinance” or “any [] problems relating to either the issuance of a building permit or to the failure

to obtain one for any improvement to the property.” Owner’s Aff. ¶¶ 10, 14; see also id. ¶ 14

(“[A]ny improvements added to land were authorized by building permit.”). Plaintiff claims that

these misrepresentations were material and that he relied on them in purchasing the Property. See

id. at 3 (stating that representations in the Owner’s Affidavit were made to “induce the purchase

of . . . the premises”).

Courts in this District, including this one, have held that a buyer’s reliance on similar

representations when the seller failed to disclose the lack of proper renovation permits can form

7 the basis for all three claims. See Jacobson v. Hofgard,

, 196–97, 206–07

(D.D.C. 2016); see also Jefferson v. Collins,

, 92–94 (D.D.C. 2016). Defendants

do not challenge or attempt to distinguish these decisions. See generally Defs.’ Reply. Instead,

they argue that Plaintiff has not offered enough evidence to sustain these claims in several ways.

First, Defendants contend that Plaintiff has not presented any admissible evidence to show

that Defendant Ortega—as opposed to someone else—made the allegedly unpermitted

renovations. Defendants state that the “only purported evidence” Plaintiff offers is a set of

photographs that he claims shows the Property as Defendant Ortega purchased it. Def. Weichert’s

Mot., Mem. in Supp. of Summ. J., ECF No. 66-2 [hereinafter Def. Weichert’s Mem.], at 4. And

Defendants argue that the photographs cannot be authenticated because Plaintiff admitted he does

not know who took them or when they were taken.

at 3–5; Def. Ortega’s Mot., Mem. of P. &

A. in Supp. of Def. Ortega’s Mot., ECF No. 67 [hereinafter Def. Ortega’s Mem.], at 5. These

arguments are without merit.

To authenticate documentary evidence, Federal Rule of Evidence 901(a) “only requires

that the proponent . . . make a showing sufficient to permit a reasonable juror to find that the

evidence is what its proponent claims.” United States v. Blackwell,

(D.C.

Cir. 1982). Testimony of a knowledgeable witness satisfies this standard. See Fed. R.

Evid. 901(b)(1). Here, Plaintiff provided the Property’s Redfin webpage, which shows the

photographs included in the March 2020 listing of the Property. Pl.’s Opp’n, Ex. N, ECF No. 68-

17, at 6. Plaintiff testified that he contacted the listing agent, who stated that the photographs were

an accurate representation of the Property at the time. Def. Weichert’s Mot., Ex. 6, ECF No. 66-

8 [hereinafter Lacy Dep.], at 82–83.

8 Defendants rightly point out that, as offered, this evidence inadmissible hearsay. Plaintiff

is offering a “statement” that the listing agent did “not make while testifying at the current trial or

hearing” to “prove the truth of the matter asserted in the statement.” Fed. R. Evid. 801(c). But

“[a]t summary judgment, a party need not present evidence in a form that is currently admissible.”

Klayman v. Jud. Watch, Inc.,

(D.C. Cir. 2021) (citing Fed. R. Civ. P. 56(c)).

The party need only “produce evidence capable of being converted into admissible evidence.”

(citation omitted). Plaintiff stated that he could subpoena the listing agent to testify to the

photographs’ accuracy at trial. Pl.’s Opp’n at 26. This proposal is sufficient to “establish how this

hearsay [i]s capable of being converted into admissible evidence,” Klayman,

(internal quotation marks omitted), which would in turn authenticate the photographs.

In any event, the record contains other evidence to establish that Defendant Ortega was

responsible for the allegedly unpermitted renovations. Most notably, she admitted to making

substantial renovations before the sale. In her email to Plaintiff’s real estate agent, Defendant

Ortega stated that, among other things, she demolished some of the Property, repaired the concrete

stairs in the backyard, and worked on the windows. Pl.’s Stmt. at 4–5, ¶ 17. Later, a DCRA

inspector observed that “[t]here is no building permit for demolition of the rear steps and side

window.” DCRA Report at 7. After a separate inspection, Wasson concluded that a “substantial

amount of work was performed on the property between March and December 2020” based on the

dates on the drywall, electrical wiring, HVAC equipment, and other renovated features of the

house. Wasson Report at 4. These renovations correspond to the other code violations for which

Plaintiff was cited. See DCRA Report at 7 (noting the lack of permits for both electrical work and

the new furnace). Finally, the supplied air conditioning permit is dated July 7, 2020, a mere six

months before the parties closed on the Property. Def. Weichert’s Mot., Ex. 11, ECF No. 66-13.

9 Viewing the evidence in the light most favorable to Plaintiff, there is a genuine dispute of material

fact as to whether Defendant Ortega performed the allegedly unpermitted renovations.

Second, Defendants argue that, even if Plaintiff had evidence that Defendant Ortega

performed the renovations, there is no evidence that the renovations required a permit.

Def. Weichert’s Mem. at 7–9, Def. Ortega’s Mem. at 7–8. Defendants claim that the renovations

were largely exempted from D.C.’s permitting requirements. Def. Weichert’s Mem. at 7–8 (citing

); Def. Ortega’s Mem. at 7–8 (same). The DCRA inspection report

suggests otherwise. See DCRA Report at 7 (listing at least four renovations that were performed

without the proper permits). So, too, does the more recent NOI. NOI at 3–4, 23–27. That is

enough to create a genuine dispute of material fact on this question.2

Third, Defendants assert that once Plaintiff received more information on the scope of the

renovations from Defendant Ortega, he could not have reasonably relied on the phrase “fully

renovated” to mean anything more than that Defendant Ortega completed the listed renovations.

Def. Weichert’s Mem. at 7; Def. Ortega’s Mem. at 6–7. But that argument misses the point.

Plaintiff provides evidence suggesting that some of the listed renovations were completed

unlawfully and that, at a minimum, Defendants failed to disclose that material information.

Drawing all inferences in Plaintiff’s favor, Plaintiff has created a genuine dispute that Defendants

“induced [him] to purchase the Property” by “represent[ing] the good about the Property—it was

2 Defendant Weichert takes the argument a step further. It contends that even if Defendant Ortega made unlawful renovations, D.C. law does not require her to disclose that to potential buyers. Def. Weichert’s Mem. at 7–8. The court does not read D.C. law so narrowly. While the statutory section Defendant cites for support enumerates what sellers must disclose in the “residential real property disclosure statement approved by the Mayor,”

- 1305, that does not give sellers license to conceal material information not required to be included therein, such as the lack of proper permitting for advertised renovations, see Jacobson, 168 F. Supp. 3d at 196–97; Jefferson,

. To the extent Defendant Weichert argues that it is subject to narrower disclosure requirements as a “real estate licensee[] representing sellers,” Def. Weichert’s Mem. at 8 (citing

(a)(2)), for reasons explained later in this opinion, the court will not resolve this argument on summary judgment because there is a genuine dispute of material fact as to Defendants’ respective roles under the applicable statute, see infra Part V.

10 ‘[fully] renovated’—but conceal[ing] the bad—it did not conform to licensing . . . requirements

and was shoddily constructed.” Jacobson, 168 F. Supp. 3d at 196–97. And the ultimate question

of “[w]hether the plaintiff can prove the Seller Defendants’ actual knowledge of the permitting

and licensing omissions is a matter that must be decided by a jury.” Jefferson,

.

Fourth, Defendants argue that Defendant Ortega’s describing the Property as “fully

renovated” was mere puffery. Def. Weichert’s Mem. at 9–10; Def. Ortega’s Mem. at 8–10.

“Puffery is a legal doctrine that posits some statements are of a type that no reasonable consumer

would rely upon them, because there is a certain amount of bluster or ‘sales talk’ that is to be

expected when pushing one’s wares.” Earth Island Inst. v. Coca-Cola Co.,

, 666

(D.C. 2024). This court did not consider a similar representation—that a home was “newly

renovated”—to be puffery in Jacobson. See

(holding as such and

contrasting with phrases that would be considered puffery, like describing renovations as

“stunning”). The court sees no reason to conclude differently here.

Finally, Defendants argue that Plaintiff has not offered evidence that Defendants’ actions

caused any injury, which means a jury would have to “speculate” as to damages. Def. Weichert’s

Mem. at 13; Def. Ortega’s Mem. at 12. True, “[d]amages may not be based on mere speculation

or guesswork.” Wood v. Day,

(D.C. Cir. 1988). But Wasson’s report

identified specific substandard work that aligned with the unpermitted renovations for which

Plaintiff was cited, such as improper furnace installation. Wasson Report at 14. Additionally,

Plaintiff’s structural engineering expert concluded that “[t]he cost to remediate the deficiencies,

substandard work, hazardous conditions, and non-compliances and violations of the 2017 District

11 of Columbia Residential Code (effective May 29, 2020) is $211,606.00.” Colicchio Report at 4.

The experts’ reports suffice to create a genuine dispute that Defendants’ actions caused damages.

For all these reasons, the court denies Defendants’ motions for summary judgment as to

Counts I, II, and III of Plaintiff’s Amended Complaint.3

B.

Count IV of Plaintiff’s Amended Complaint alleges that Defendants failed to comply with

the Residential Lead-Based Paint Hazard Reduction Act (the Act). See 42 U.S.C. § 4852d. The

Act and its implementing regulations require sellers to “disclose to the purchaser or lessee the

presence of any known lead-based paint, or any known lead-based paint hazards” at the subject

property. Id. § 4852d(a)(1)(B); accord

. The parties do not dispute that

Defendant Ortega supplied Plaintiff with the required lead-based paint disclosure forms, on which

she indicated that she was not aware of any lead-based paint or lead-based paint hazards at the

Property. Pl.’s Stmt. at 2–3, ¶¶ 6–12. Plaintiff does not assert that Defendant Ortega made any

misrepresentations on the forms. Pl.’s Opp’n at 33–34. Nor has he provided any evidence that

there is lead at the property to begin with. See Lacy Dep. at 109–10 (stating that he is not aware

of any lead abatement activity and that he has not tested the Property for lead). There thus appears

to be no genuine dispute that Defendants complied with the statute.

Nevertheless, Plaintiff argues that Defendants are liable for Defendant Ortega’s failure to

obtain a lead-based paint renovation permit or employ certified lead-safe contractors. Pl.’s Opp’n

at 33–34. Plaintiff argues Defendant Ortega was required to do so as the “foreperson of the

3 Defendants also argue that Plaintiff lacks standing, but their arguments are premised on the same purported failures of proof addressed above. See Def. Weichert’s Mem. at 11–14 (arguing that Plaintiff has alleged only a speculative injury and has failed to allege an injury traceable to Defendants because, for example, Plaintiff cannot show that Defendant Ortega performed the renovations); Def. Ortega’s Mem. at 11–12 (same). For the reasons already provided, Plaintiff has standing to bring this suit.

12 renovation of the Property.”

However, Plaintiff provides no evidence that Defendant Ortega

occupied such a role. The statutes and regulations Plaintiff cites impose certification and

permitting obligations on those who actually perform the renovations involving lead-based paint.

See

(a);

;

. There is

nothing in the record to show that Defendant Ortega renovated the property herself or did anything

more than just hire contractors. Plaintiff therefore has not created a genuine dispute as to whether

the cited requirements apply to Defendant Ortega and, in turn, has failed to show that his claim

under the Residential Lead-Based Paint Hazard Reduction Act survives summary judgment. The

court accordingly grants Defendants’ motions as to Count IV.

V.

Defendant Weichert separately argues that it is entitled to summary judgment because

Defendant Ortega’s alleged knowledge of the unlawfulness of the renovations cannot be imputed

to it. Def. Weichert’s Mem. at 14–15. Throughout the litigation, Plaintiff has maintained that

Defendant Ortega’s knowledge is imputed to Defendant Weichert because Defendant Ortega was

acting as its agent in her role as a Sales Associate. See Am. Compl. ¶¶ 4–5, 15–16, 66. Defendant

Weichert responds by citing

(l)(3), which provides that “[c]lients and

licensees shall be deemed to possess actual knowledge and information only. Knowledge or

information between or among clients and licensees shall not be imputed.” The code defines

“licensee” as “real estate brokers, salespersons and property managers.”

§ 42-1702(7A). And

a “client” is “a person who has entered into a brokerage relationship with a licensee.” Id. § 42-

1703(3A). Defendant Weichert appears to reason that Defendant Ortega is a client “in her capacity

as the sole owner/seller,” and that Defendant Weichert is a licensee as “the agent retained to market

and sell the Property.” See Defs.’ Reply at 8. Under Defendant Weichert’s view, because

13 Defendant Ortega’s knowledge cannot be imputed and Plaintiff has not shown that Defendant

Weichert had actual knowledge of the alleged unlawful renovations, Defendant Weichert is

entitled to summary judgment.

The court denies summary judgment to Defendant Weichert on this basis. Whether the

statute prohibits imputing Defendant Ortega’s knowledge to Defendant Weichert is premised on a

genuine dispute of material fact as to Defendants’ respective roles in the transaction. While

Defendant Weichert argues the configuration described above, Plaintiff sees the situation

differently. Plaintiff argues that Defendant Ortega is both the client (as the owner of the Property)

and the licensee (as the salesperson). Pl.’s Opp’n at 35. Accordingly, Plaintiff reasons, Defendant

Weichert plays neither role, and the statute is silent as to whether Defendant Ortega’s knowledge

can be imputed to Defendant Weichert as its agent’s principal. Given this dispute, the court will

not resolve the statutory question on summary judgment.4

VI.

For the foregoing reasons, Plaintiff’s Motion for Leave to File an Amended Statement of

Genuine Issues in Dispute, ECF No. 70, and Motion for Leave to Supplement Omnibus Opposition

to Motions for Summary Judgment, ECF No. 73, are granted. Defendants’ Motions for Summary

Judgment, ECF Nos. 66 and 67, are granted in part and denied in part.

4 In a single line in its opening brief in support of summary judgment, Defendant Weichert states that charging it with only actual knowledge is “consistent with Ortega being an independent contractor of Weichert.” Def. Weichert’s Mem. at 15. This argument is substantially underdeveloped. Whether a worker is properly considered an independent contractor is a multi-factor analysis that Defendant Weichert does not attempt to conduct. See Mills v. Anadolu Agency NA, Inc.,

, 397–98 (D.C. Cir. 2024). An argument mentioned in only “the most skeletal way” in a party’s opening brief is forfeited. Al-Tamimi v. Adelson,

(D.C. Cir. 2019) (internal quotation marks omitted). The court thus declines to consider it.

14 The parties—including Plaintiff himself—shall appear for a remote status conference on

October 1, 2025, at 9:15 AM to discuss Plaintiff’s counsel’s pending Motion to Withdraw as

Counsel, ECF No. 76, and a schedule for further proceedings.

Dated: September 22, 2025 Amit P. Mehta United States District Judge

15