CUMMINGS v. CARROLL

No. 216A20.

866 S.E.2d 675 (2021)

2021-NCSC-147

James CUMMINGS and wife, Connie Cummings, v. Robert Patton CARROLL; DHR Sales Corp. d/b/a Re/Max Community Brokers; David H. Roos; Margaret N. Singer; Berkeley Investors, LLC; Kim Berkeley T. Durham; George C. Bell; Thornley Holdings, LLC; Brooke Elizabeth Rudd-Gaglie f/k/a Brook Elizabeth Rudd; Margaret Rudd & Associates, Inc.; and James C. Goodman.

Supreme Court of North Carolina.

Filed December 17, 2021.


Attorney(s) appearing for the Case

Chleborowicz Law Firm, PLLC, Wilmington, by Christopher A. Chleborowicz and Elijah A.T. Huston , for plaintiff-appellees.

Wallace, Morris, Barwick, Landis & Stroud, P.A., Wilson, by Stuart Stroud and Kimberly Connor Benton , for defendants-appellants Brooke Elizabeth Rudd-Gaglie f/k/a Brooke Elizabeth Rudd; Margaret Rudd & Associates, Inc.; and James C. Goodman.

Alexander C. Dale and Ryal W. Tayloe , Wilmington, for defendants-appellants George C. Bell and Berkeley Investors, LLC.

Crossley McIntosh Collier Hanley & Edes, PLLC, Wilmington, by Clay Allen Collier , for defendants-appellants Robert Patton Carroll and DHR Sales Corp. d/b/a Re/Max Community Brokers.


¶ 1 This case stems from a dispute surrounding the purchase of an oceanfront beach house located on Oak Island by plaintiffs James Cummings and his wife, Connie Cummings. Several months after closing, plaintiffs discovered the existence of significant structural damage to the house arising from past water intrusion, prompting...

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