Georgia Court of Appeals, 2010

Asuamah v. Cendant Mobility Financial Corp.

Asuamah v. Cendant Mobility Financial Corp.
Georgia Court of Appeals · Decided January 7, 2010 · Mikell, Smith, Adams
690 S.E.2d 861; 301 Ga. App. 879; 2010 Fulton County D. Rep. 100; 2010 Ga. App. LEXIS 15 (South Eastern Reporter, Second Series)

Asuamah v. Cendant Mobility Financial Corp.

Opinion

Mikell, Judge.

In Cendant Mobility Financial Corp. v. Asuamah, 1 the Supreme Court reversed Division 4 (b) of our decision in Asuamah v. Haley, 2 in which we held that the trial court erred in granting summary judgment to Cendant, the non-builder/seller, on the plaintiff/ *880 purchaser’s claim of negligent repairs. 3 In reversing, the Supreme Court concluded that

Decided January 7, 2010. Leon A. Van Gelderen, for appellant. Scoggins & Goodman, David L. Rusnak, Scott H. Michalove, for appellee.
the “negligent construction” exception to caveat emptor exempts from the defense of caveat emptor only a negligence claim by a homeowner seeking recovery against the builder/seller of the home for latent building construction defects about which the purchaser/homeowner did not know and in the exercise of ordinary care would not have discovered, which defects either were known to the builder/seller or in the exercise of ordinary care would have been discovered by the builder/seller. Inasmuch as Cendant is not a builder/seller of the dwelling purchased by Asua-mah, the trial court did not err when it granted summary judgment to Cendant. 4

Accordingly, we vacate Division 4 (b) of our opinion, adopt the judgment of the Supreme Court as our own, and affirm the judgment of the trial court. Divisions 1 through 4 (a) and Division 5 of our opinion were not affected by the Supreme Court’s decision and thus remain in effect. 5

Judgment affirmed.

Smith, P. J., and Adams, J., concur.
4

(Citation omitted.) Id. at 822.

5

See Shadix v. Carroll County, 274 Ga. 560, 563-564 (1) (554 SE2d 465) (2001).

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