Defendants Prevail at Court of Appeals and Are Paid Fees by Plaintiffs
Andersen, Tate & Carr attorney Tyler Dillard recently represented out-of-state residents who had previously sold a home in Georgia. The clients sold the home as-is but were later sued by the buyers claiming that there was a toxic mold infestation.
The clients adamantly denied any knowledge of any mold infestation and further reminded the buyers that they had purchased the home in as-is condition regardless.
Undeterred, the buyers sued the sellers claiming fraud, personal injury, and various other claims. Early in the case, the clients served an offer of settlement pursuant to O.C.G.A. § 9-11-68 offering to settle the case to avoid litigation expenses. The buyers rejected the settlement offer and continued with litigation.
Eventually, the Superior Court of Forsyth County granted summary judgment to the clients on all claims asserted against them. The buyers then appealed to the Georgia Court of Appeals. Andersen, Tate & Carr attorney Jaletta Smith assisted Mr. Dillard with the briefing at the Court of Appeals.
In May 2021, the Court of Appeals issued an opinion affirming the trial court’s order in all respects.
Having received a complete victory, the clients could now seek to hold the buyers liable for all of the clients’ attorneys’ fees incurred since the prior formal offer of settlement had been rejected. Faced with this exposure, the buyers voluntarily settled the claim by paying a significant sum.
Andersen, Tate & Carr was proud to represent their clients in defending against the claims asserted against them. If you have been wrongly sued for fraud involving a real estate sale, contact Andersen, Tate & Carr for an evaluation of your case.
