Hernandez v. Coldwell Banker Sea Coast Realty
North Carolina Court of Appeals
735 S.E.2d 605 (2012)
- Written by Salina Kennedy, JD
Facts
Yolanda Hernandez (plaintiff) contracted to buy a duplex for $205,000 with an option to terminate the contract if the property did not appraise at or above the contract price. Avent Appraisals, Inc. (Avent) (defendant) performed the appraisal, prepared a report, and delivered the report to Hernandez’s lender. The report, which was based on inaccurate information, identified the lender as Avent’s client and stated that it was intended solely for the lender to use for mortgage-lending purposes. The lender approved Hernandez’s mortgage and Hernandez, who never had contact with Avent or saw or read the appraisal report, purchased the duplex. Several years later, Hernandez defaulted on the mortgage and the lender foreclosed on the duplex. Hernandez filed a claim against Avent for negligent misrepresentation. Hernandez admitted that she had never seen the report, but she argued that Avent was liable to her because the lender had relied on Avent’s report and she had relied on the lender’s reliance. The trial court granted Avent’s motion for summary judgment, and Hernandez appealed.
Rule of Law
Issue
Holding and Reasoning (Stroud, J.)
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