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Peacock v. Kiser

The merger clause in a purchase agreement precluded the plaintiff's fraud and professional malpractice claims stemming from the alleged misrepresentation of his new home's property line.

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After William Peacock purchased a house from David and Gena Kiser the “Kisers”, he discovered the boundary lines of the property were different than he had allegedly been told. Peacock then filed suit against the Kisers, their real estate agent, Donna Matthews, and her employer, Tim Jones Realty, alleging that he had been defrauded. The trial court granted the defendants’ motions for summary judgment, and this appeal followed. Finding no error, we affirm. “Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law.”1 In reviewing a trial court’s grant of summary judgment, we conduct a de novo review of the record, viewing all evidence in favor on the nonmoving party.2

Viewed in this manner, the record shows that the Kisers owned a house in Clayton County, and Richard Vickers was their neighbor. Shortly after Vickers purchased his house, he had a company survey the property and mark the boundaries. The survey revealed that much of what appeared to be the Kisers’ front yard and a portion of their driveway were, in fact, located on Vickers’ property. According to Vickers, he spoke with the Kisers about resolving “the boundary line problem,” but no resolution was reached. On several occasions, Vickers told the Kisers he was going to put a fence along his property line, but he never did so.

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