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Groce et al. v. M24, LLC

Claim That Property Offeror Misrepresented Boundaries Failed Where Boundaries Were Correctly Described in Written Contract

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McFadden, Presiding Judge. Valerie and Mark Groce appeal from the trial court’s grant of summary judgment to M24, LLC in the Groces’ action for damages stemming from M24′s alleged misrepresentations of the boundaries of real property subject to a “contract for deed”^{^[1]} between the parties. They assert that, in reliance on the misrepresentations, they entered into the contract for deed and began to build a house on the wrong property. But as a matter of law the Groces cannot show that they justifiably relied on the misrepresentations, because the misrepresentations contradicted the terms of the written contract for deed that they signed. We therefore affirm.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. On appeal from the grant of a motion for summary judgment, we review the evidence de novo, and construe all reasonable conclusions and inferences from the evidence in the light most favorable to the nonmovant.

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