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RZI Props. LLC v. Southern REO Assocs. LLC

A genuine issue of material fact remained in the plaintiff's suit alleging that a real estate brokerage firm breached a duty to perform ministerial acts with reasonable care, and the trial court therefore erred in granting summary judgment to the brokerage firm.

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The buyer, RZI Properties, LLC RZI, sued a brokerage firm, Southern REO Associates, LLC REO, after SunTrust Mortgage, Inc. rejected its offer to purchase a parcel of real property.1 The trial court granted REO’s motion for summary judgment, concluding that there is no evidence that it breached any duty to perform ministerial acts with reasonable care. Because an issue of fact remains regarding REO’s exercise of reasonable care in the performance of its duties, we reverse.

Summary judgment is proper when the record reveals no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. OCGA § 9-11-56 c. We review the trial court’s grant of summary judgment de novo, construing the evidence and all reasonable inferences in favor of the nonmoving party. Citation and punctuation omitted. Swanstrom v. Wells Fargo Bank, 325 Ga. App. 743 754 SE2d 786 2014.

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