NCSU ARE 306 - CASE - LITLLE v. STOGNER (8 pages)

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CASE - LITLLE v. STOGNER



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CASE - LITLLE v. STOGNER

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Pages:
8
School:
North Carolina State University
Course:
Are 306 - Agricultural Law
Agricultural Law Documents

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http www aoc state nc us www public coa opinions 2004 021704 1 htm All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports the latest print version is to be considered authoritative MARY ELLISON LITTLE and ROBERT J ELLISON Plaintiffs v JACK DOUGLAS STOGNER individually and JACK DOUGLAS STOGNER as Administrator of the Estate of Peggy W Stogner Defendant NO COA02 1704 Filed 6 January 2004 1 Fraud sale of real property failure to perk reasonable reliance on representations The trial court erred by directing a verdict for defendant on a fraud claim arising from the sale of real property where there was sufficient evidence that defendant knowingly made false representations that the property perked and that existing septic tanks had been grandfathered These representations were not merely vague indications but definite representations upon which a reasonable person would rely Moreover defendant s assertions induced plaintiffs to accept as is terms with no residential disclosure statement 2 Real Property Residential Property Disclosure Act remedy The trial court did not err by dismissing a claim for damages under the Residential Property Disclosure Act The sole remedy was cancellation of the contract 3 Vendor and Purchaser Warranties implied restrictive covenants failure of property to perk The trial court erred by dismissing a claim for breach of implied warranty which arose from the sale of residential property that failed to perk where there was sufficient evidence that the property was not suitable for any conventional modified or alternative sewage system and could not be used to construct a residence in compliance with restrictive covenants The defect was not reasonably



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