P. B. R. Enterprises, Inc. v. Perren

Pope, Judge.

Appellees initiated this suit to recover damages for alleged structural defects in a new home built by and purchased from appellants. The case was tried upon remand from the Georgia Supreme Court which held that no cause of action was presented except perhaps for fraud resulting from the passive concealment of a defect in realty. This cause of action places upon the seller a duty to disclose defects in realty in situations where the seller has special knowledge not apparent to the purchaser. The seller must be aware that purchaser is acting under a misapprehension as to facts…