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On July 26, 2002, Robert Harkins and his wife Karen signed an agreement to purchase 12 rental properties in Richmond County for $567,459 from professional realtor and longtime friend Cliff Channell. After problems developed, they brought suit against Channell and his company for fraud. The defendants moved for summary judgment, which the trial court granted, and the Harkinses appeal that decision. Construed in favor of the nonmovants, the evidence shows that Robert Harkins had sold homes as a licensed realtor during the late 1980s, and he and his wife had begun purchasing rental properties in late 2000. They had acquired 14 properties ranging in price from $19,000 to $115,000 by the summer of 2002. For four years prior to the transaction in question, Harkins had often sought advice on the rental business from Channell, who had 30 years experience and owned his own company, Channell Realty.

By the summer of 2002, Mr. and Mrs. Harkins were looking to acquire more rental property. Channell told Harkins that he owned property in Richmond County that might be of interest. Harkins was enthusiastic, and over the course of several meetings at the Harkinses’ home, Harkins and Channell negotiated the details of the transaction, and Channell prepared a package with the lease information for the rental units. Harkins testified that he told Channell he was relying on him with regard to the deal.

 
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