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Reininger v. O'Neill

Because the plaintiffs did not properly elect rescission as a remedy, they were bound by the terms of their agreement, which clearly indicated that the property they purchased was sold as is and identified prior water entry into the basement.

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After Peter and Diana Reininger purchased a home from Richard and Elaine O’Neill, they discovered that the basement leaked water. The Reiningers filed this action against the O’Neills, alleging fraudulent misrepresentation, negligent concealment, and negligent repair. The trial court granted in part the O’Neills’ motion for summary judgment. In case number A12A0583, the Reiningers challenge the trial court’s partial grant of summary judgment on their claims of fraudulent misrepresentation and negligent repair, while in A12A0584, the O’Neills contend that the trial court should have granted their renewed motion for summary judgment on the Reiningers’ remaining claim of negligent concealment. For the reasons that follow, we affirm in part and reverse in part.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9‑11‑56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.1

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