Francine R. Meyer and Thomas S. Wickson “buyers” purchased a home in Roswell from Steven and Elizabeth Waite “sellers” on April 10, 2000. Based on certain defects allegedly discovered after the closing, the buyers sued the sellers on February 15, 2002, asserting claims of breach of contract, fraudulent concealment, and rescission. The trial court granted the sellers’ motion for summary judgment. The buyers appeal. We affirm as to the fraud and rescission claims but hold that a genuine issue of material fact remains on the breach of contract claim.1 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.2 On appeal from the grant of summary judgment, we review the record de novo, construing the evidence and all reasonable inferences in favor of the non-moving party.3
So viewed, the record shows that on February 6, 2000, the buyers executed a Purchase and Sale Agreement “Agreement”, which was accepted by the sellers one week later, for $385,000. The sellers’ Property Disclosure Statement, which was incorporated into the Agreement, disclosed that the roof had been “refurbished” five years earlier; that termites had been found in 1997 and 1999 and the termite damage had been repaired; that the dwelling’s exterior contained untreated stucco cladding; that a new cedar deck was built in 1999; and that a termite inspection and a stucco inspection were performed in the fall of 1999. The sellers also gave the buyers a letter dated September 30, 1999, from a stucco inspector, Blair Anderton, who indicated that the hard-coat stucco cladding was in good condition, with no bulges or cracks. Anderton suggested sealing the doors and windows. The 1999 letter referenced a 1997 inspection performed by Anderton. In the letter issued in 1997, Anderton stated that the exterior was hard-coat stucco, not synthetic stucco. However, the report which accompanied the 1997 letter indicated that the trim accents were foam and were glued to the hard-coat stucco. The 1997 letter and report were not provided to the buyers.
