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Real Property – Sale Contract – Specific Performance – Fraudulent Inducement Defense

Although the defendant-seller believed his real estate agent (who is not a party to this action) was acting only in defendant’s interest, defendant initialed a contract provision stating that the agent was acting as a dual agent, representing both defendant and the plaintiff-buyer. Further, defendant spoke to the agent about his concerns with selling the land, including his concerns about an easement shown on a survey map, and the agent said he would “work on it” once the contract was executed. Nevertheless, defendant was bound by the contract as executed.

We affirm summary judgment for plaintiff.

F6 Land Co. v. Edwards (Lawyers Weekly No. 012-393-22, 11 pp.) (John Tyson, J.) Appealed from Nash County Superior Court (Jeffery Foster, J.) Albert Thomas and William Farris for plaintiff; Dudley Whitley and Greg Crumpler for defendant. 2022-NCCOA-636


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