Court of Appeals Recent Interpretation of Negligence Per Se. Recently, the North Carolina Court of Appeals weighed in on the issue of Negligence Per Se in Manzoeillo v. Pultegroup, Inc., et al., No. COA21-722 (2023). The Court of Appeals previously explained what the term negligence per se means: “When a statute imposes a duty on…
In December of 2021, the North Carolina Supreme Court issued a decision in an area that is the subject of frequent litigation: claims by purchasers of homes against the real estate agents involved in the purchase. The decision by the Court could affect seller’s agents’ duty to disclose to potential homebuyers and buyer’s agents fiduciary…
The North Carolina Residential Property Disclosure Form gives sellers of real property the option of disclosing the existence of room additions, structural changes, and violations of building codes and zoning ordinances, if any, or to make “no representations.” Even where a seller makes no representations, however, a real estate licensee with knowledge of any of…
N.C.G.S. § 93A-6 prohibits a North Carolina real estate licensee from making any misrepresentation or omission of material fact relating to real property. The misrepresentation need not be intentional to subject a licensee to discipline. Even the negligent communication of false information is prohibited. Material facts include not only facts about the property itself, but…
With breach of fiduciary duty claims continuing to top the list for legal risks facing real estate brokers and agents, dual agency and the risks and responsibilities associated with the same remain a critical issue for real estate agents. This is because fiduciary claims frequently arise in the context of dual agency—whether because of undisclosed…
The opinion holds that appraisers do not owe unlimited duties to borrowers, who must actually and directly rely on the appraisal itself to be permitted to assert a claim.