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Securities – NCSA – First Impression – Real Property – Securitized Interests – Secondary Liability
NNN Durham Office Portfolio 1, LLC v. Highwoods Realty Ltd. Partnership Where plaintiffs allege that they pooled their money in a common investment – real property subject to commercial leases – with an expected return common to all based on the success of a third party, plaintiffs have alleged an investment contract, which is a “security” within the meaning of the N.C. Securities Act. The defendant-seller and its defendant-real estate agent may have secondary liability for a violation of the NCSA.