Ballance v. Rinehart

412 S.E.2d 106, 105 N.C. App. 203 (1992)

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Ballance v. Rinehart

North Carolina Court of Appeals
412 S.E.2d 106, 105 N.C. App. 203 (1992)

LJ

Facts

Patricia Ballance (plaintiff) purchased property from Jack and Annie Horton. Sometime prior to the sale, a real estate appraisal was prepared for Peoples Bank and Trust Company (Peoples Bank) by Benny Rinehart (defendant). Rinehart was a licensed real estate appraiser. The appraisal report stated that the Hortons’ home was in generally good condition. Ballance asserted that shortly after purchasing the property, she discovered a number of serious structural defects. Ballance alleged that she relied on the appraisal report in purchasing the Hortons’ home. Ballance filed a complaint seeking damages for the economic loss she suffered that was caused by Rinehart’s negligent performance of a real estate appraisal. Specifically, Ballance alleged that Rinehart breached his duty of ordinary care by failing to discover the defects and because he knew or should have known that people aside from Peoples Bank would rely on his report. Rinehart filed a motion to dismiss Ballance’s complaint, which the trial court granted. Ballance appealed.

Rule of Law

Issue

Holding and Reasoning (Greene, J.)

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