Cendant Mobility Financial Corp. v. Asuamah

In Cendant Mobility Financial Corp. v. Asuamah, 285 Ga. 818 (684 SE2d 617) (2009) the Supreme Court reversed Division 4 (b) of our decision in Asuamah v. Haley, 293 Ga. App. 112 (666 SE2d 426) (2008) in which we held that the trial court erred in granting summary judgment to Cendant, the non-builder/seller, on the plaintiff/purchaser's claim of negligent repairs. Id. at 124-126 (4) (b). In reversing, the Supreme Court concluded that: The "negligent construction" exception to caveat emptor exempts from the defense of caveat emptor only a negligence claim by a homeowner seeking recovery against the builder/seller of the home for latent building construction defects about which the purchaser/homeowner did not know and in the exercise of ordinary care would not have discovered, which defects either were known to the builder/seller or in the exercise of ordinary care would have been discovered by the builder/seller. Inasmuch as Cendant is not a builder/seller of the dwelling purchased by Asuamah, the trial court did not err when it granted summary judgment to Cendant. Id. at 822.