Pennington v. Braxley

Blackburn, Judge.

After discovering that the house they recently purchased was infested with bats, Lee Wall Pennington and Carl C. Pennington sued the real estate agent who assisted the seller in the transaction, the agency he represented, and his broker. The Penningtons appeal the grant of defendants’ motion for summary judgment on their claim of professional malpractice, asserting that such a claim is not barred by the “entire agreement” clause contained within their sales contract. The Penningtons further assert that the entire agreement provision should be declared void as against public…