Tag Archives: Unfair Trade Practices Claim

Contract – Unfair Trade Practices Claim – Commercial – Promissory Note – Banks & Banking (access required)

SunTrust Bank v. Bryant/Sutphin Properties, LLC Although defendants contended that the plaintiff-bank committed unfair practices separate from the parties’ contracts, in alleging these “separate” acts, defendants were really claiming that the bank acted outside of its authority under the contract; this is a breach of contract. Since the jury found that the bank had not breached the parties’ contracts, the trial court should not have concluded that the bank violated G.S. § 75-1.1.

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Contract – Yacht Club – Membership vs. Boat Slip Purchase – Unfair Trade Practices Claim (access required)

White v. Bald Head Island Yacht Club Plaintiff signed the defendant-yacht club’s application for membership, which states, “I understand that membership at Bald Head Island Yacht Club will be a membership in a private club and that acceptance for membership is subject to my being approved for membership and payment of the required purchase price and dues.”

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Contract – Unfair Trade Practices Claim – Mere Breach – Anti-Competition – Windows & Doors Installer (access required)

Thompson Installations, Inc. v. Stock Building Supply, LLC Plaintiff alleges that, despite the non-exclusive nature of the parties’ contract, defendant tried to prevent plaintiff from accepting jobs from defendant’s competitors. This is not a sufficient aggravating circumstance to raise plaintiff’s breach of contract claim to the level of an unfair trade practices claim.

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Real Property – Mortgages – Banks & Banking – Foreclosure – Note Holder – RESPA — Unfair Trade Practices Claim (access required)

Crispin v. BAC Home Loans Servicing, LP The complaint alleges that, in response to plaintiff’s qualified written request, defendant Bank of America (BofA) identified Natalie Mendez as someone who could help him, but Ms. Mendez told plaintiff she had neither the information nor the authority to help him. If plaintiff’s allegation is true and BofA responded to the qualified written request insufficiently, plaintiff has stated a claim under the Real Estate Settlement Procedures Act. Defendants’ motion to dismiss is denied.

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Real Property – Development Investment – Contract – Negotiable Instruments – Promissory Notes – Banks & Banking – Unfair Trade Practices Claim (access required)

In re Fifth Third Bank, N.A. Where the plaintiff-borrowers did not rely on any representation made by the defendant-bank when plaintiffs decided to invest in a planned development, and where plaintiffs failed to show that the bank had a duty to monitor the developers’ actions, plaintiffs did not make out a prima facie case of unfair trade practices against the bank. We affirm summary judgment for the bank on plaintiffs’ claims and on the bank’s counterclaim for breach of contract and costs.

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Tort/Negligence – Tortious Interference with Contract Claim – Partnership – Accounting Firm Break-Up – Unfair Trade Practices Claim (access required)

Pete Fortner, PLLC v. Koonce Wooten & Haywood, LLP Where all the evidence showed that plaintiff's former partner solicited a job with the defendant-accounting firm - not the other way around - plaintiff failed to show that defendant intentionally interfered with the contract between plaintiff and its former partner.

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