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After the purchase contracts were signed, an employee of the developers was assigned to assist the Plaintiffs in obtaining bank loans to finance the purchases.
Aul, for Defendants Arnold Greg Anderson and Edward Brent Anderson. None of the contracts claimed that this price was based on an appraisal, required any appraisal, or made Plaintiffs' obligations to buy the lots contingent on the results of any appraisal.
Thereafter, Gorman and Young appealed from several trial court orders regarding depositions and sanctions, which this Court dismissed in a pair of unpublished opinions. Plaintiffs further argue that the trial court abused its discretion in allowing the Andersons' verified bills of costs.
On 4 April 2008 and 23 February 2009, the Williams Plaintiffs filed complaints in Mecklenburg County Superior Court against, inter alia, First Charter Bank, now Fifth Third Bank (“the Bank”), and the Andersons, alleging claims of, inter alia, Unfair and Deceptive Trade Practices (“UDTP”), Fraud, Constructive Fraud, Aiding and Abetting Fraud, Fraud in the Inducement, Negligent Misrepresentation, Conversion, Negligence, Tortious Action in Concert and Civil Conspiracy, Breach of Fiduciary Duty, Breach of Contract, Breach of the Duty of Good Faith and Fair Dealing, Breach of Surety Agreement, and Violation of the Mortgage Lending Act (N. The trial court granted the motion as to the Williams Plaintiffs' claims for Aiding and Abetting Fraud, Conversion, Breach of Fiduciary Duty, Breach of Surety Agreement, and Violation of the Mortgage Lending Act, and as to all of Gorman's and Young's claims except those for UDTP. The Williams Plaintiffs also argue that the trial court erred in granting summary judgment to the Andersons on their negligence, negligent misrepresentation, and civil conspiracy claims. An interlocutory order is immediately appealable if the trial court certifies that: (1) the order represents a final judgment as to one or more claims in a multiple claim lawsuit or one or more parties in a multi-party lawsuit, and (2) there is no just reason to delay the appeal, [as certified pursuant to N.
(collectively, “the Williams Plaintiffs”), Sonja Y. Rather than paying cash for lots in the development to build on and hold for resale or paying cash to “buy into” the development as a whole, Plaintiffs were told they must purchase groups of lots by taking out bank loans. Where an unfair or deceptive practice claim is based upon an alleged misrepresentation by the defendant, the plaintiff must show actual reliance on the alleged misrepresentation in order to establish that the alleged misrepresentation proximately caused the injury of which plaintiff complains. Because Plaintiffs forecast no evidence that they actually relied on the appraisals in deciding to make their investments, the trial court properly granted summary judgment to the Andersons. Negligence Claims The Williams Plaintiffs argue that the trial court erred in granting summary judgment to the Andersons on their negligence and negligent misrepresentation claims.
Young (“Young”), (collectively, all five appellants will be referred to as “Plaintiffs”) became investors in the development in early 2006. § 75.1–1 must allege that: (1) the defendant committed an unfair or deceptive act or practice, or an unfair method of competition, (2) in or affecting commerce, (3) which proximately caused actual injury to the plaintiff or to the plaintiff's business. Plaintiffs cannot have relied on information they did not see and did not know existed (some of which did not, in fact, yet exist) at the time of their decisions. Rinehart, we considered “whether a licensed real estate appraiser who performs an appraisal of real property at the request of a client owes a prospective purchaser of such property who relies on the appraisal a duty to use reasonable care in the preparation of the appraisal.” 105 N.
Even had the Andersons appraised the lots differently, Plaintiffs would still have been obligated to purchase them at the prices agreed to in the purchase contracts.
“Actual reliance is demonstrated by evidence [the] plaintiff acted or refrained from acting in a certain manner due to [the] defendant's representations.” Pleasant Valley Promenade v. All of the evidence shows that Plaintiffs made their decisions to invest in the development and contracted to do so without any awareness of, much less reliance on, the Andersons' appraisals.
Young testified that he had not even seen the appraisals as of the date of his deposition, years after his purchase of the lots. Here, as discussed above, the Williams Plaintiffs cannot show that they relied on the Andersons' appraisals in making their investment decisions, where they signed the purchase contracts without reviewing appraisals and before at least some of the appraisals were even performed. This home has a large 3 car garage â hard to find in the West End!Around the corner is access to the amenities of Fairview Park and the bike/walking trail to Rock Springs! The banks, in turn, selected Defendants–Appellees Arnold Greg Anderson and Edward Brent Anderson (collectively, “the Andersons”), to appraise the lots. Our Supreme Court has held “that a substantial right is affected [where, as here,] the trial court's order granting summary judgment to some, but not all, [of the] defendants creates the possibility of separate trials involving the same issues which could lead to inconsistent verdicts.” Id. UDTP Claims Plaintiffs argue that the trial court erred in granting summary judgment to the Andersons on Plaintiffs' UDTP claims. Plaintiffs completed loan applications and returned them to this employee, who subsequently sent them to various banks. As noted supra, the claims against the Andersons and the various other parties to the underlying cases all arise from the same complex land development scheme. Accordingly, we address the merits of Plaintiffs' appeal.
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Pre-trial discovery has tended to show the following: In 2002, a group of developers purchased over 1,200 acres of land in Spruce Pine near the renowned Penland School of Crafts. Young also signed a purchase agreement for lots 280–84, but this purchase contract bears no signing date, although it does contain two fax time/date stamps, 8 February and 28 February 2006. Williams signed purchase contracts for lots 607–11.