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Tort/Negligence – Negligent Misrepresentation Claim – Real Property – Appraisal — Indirect Reliance – Fraud – Punitive Damages (access required)

By North Carolina Lawyers Weekly Staff
Published: June 14,2012

Abraham v. Jauregui In their negligent misrepresentation claim, the plaintiff-purchasers allege that, by relying on appraisal management company HomeFocus Services, LLC’s and Bank of America’s actions in approving plaintiffs’ loan applications, plaintiffs were also relying, albeit indirectly, upon the defendant-appraisers’ representations provided to HomeFocus and Bank of America, which were contained in the appraisal reports. However, in order to state a claim for negligent misrepresentation, plaintiffs must allege direct rather than indirect reliance.


Tort/Negligence – Professional Liability – Real Property – Appraiser – Indirect Reliance – Attorneys – Revenue Stamps Amount – Developer — Breach of Contract – Fraud (access required)

By North Carolina Lawyers Weekly Staff
Published: June 6,2012

Anderson v. Coastal Communities at Ocean Ridge Plantation, Inc. Where the plaintiff-buyers alleged, at most, that they relied on the bank’s acceptance of an appraisal report in making their decisions to buy property from the defendant-developers, such indirect reliance is insufficient to state a professional negligence claim against the defendant-appraisers.



The Dolan Company