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Tag Archives: Breach of Warranty

Arbitration – Breach of Warranty – Real Property – Improvements – Massachusetts Venue (access required)

Wake County Board of Education v. Dow Roofing Systems, LLC G.S. § 22B-2 does not apply to a warranty given after the warranted products were attached to real property in North Carolina. Even if § 22B-2 did apply, pursuant to the Supremacy Clause of the U.S. Constitution, the state statute is pre-empted by the Federal Arbitration Act. Plaintiff’s claims are dismissed without prejudice so the parties can arbitrate their dispute in Massachusetts.

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Swain County HOA wins $2.4M verdict in defective roads dispute (access required)

A western North Carolina homeowners association has been awarded $2.4 million in compensatory damages in a dispute over defective roads - a verdict that may be the largest ever in Swain County, an attorney associated with the case said. Jurors returned the verdict on Feb. 17 after a two-week trial. The Alarka Creek Properties Homeowners Association sued Cane Creek Development Corporation of Bryson City and Charlotte-based W.K. Dickson & Co., alleging breach of express and implied warranties, breach of contract, negligence, fraud and unfair and deceptive trade practices.

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Real Property – Summary Judgment – Breach of Contract – Breach of Warranty – Fraud – Unfair & Deceptive Trade Practices – Constructive Trust – Fiduciary Relationship (access required)

Scheller v. Otterberg. The plaintiff-buyers hired an inspector, who warned them of possible water intrusion into the home they were buying. Even if the plaintiffs relied on false representations . . .

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