Legal Opinion · Dissent

Bhatti v. Buckland

Court of Appeals of North Carolina

Decided August 7, 1990No. 8915SC1148Published

1Dissent

Judge Greene

dissenting.

The majority determines that the Rosenthal and Robertson decisions dictate the holding that the trial court correctly found that defendant’s sale of a residence was not “in or affecting commerce.” I disagree.

I read the Rosenthal and Robertson decisions to exempt only individual homeowners selling their own homes from operation of the Unfair and Deceptive Trade Practices Act. This court noted that for defendants in the Rosenthal decision, the “sale of their own home was an isolated transaction.” Wilder v. Squires, 68 N.C. App. 310, 314, 315 S.E.2d 63, 66, disc. rev.…

2Cases cited4 opinions

  1. Marshall v. MillerSupreme Court of North Carolina · 1981
  2. Williams v. SmithSupreme Court of North Carolina · 1984
  3. Wilder v. SquiresCourt of Appeals of North Carolina · 1984
  4. Johnson v. Beverly-Hanks & Associates, Inc.Court of Appeals of North Carolina · 1990

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