District of Columbia Court of Appeals

Thorsten P. Sundberg, Appellants v. Ttr Realty, LLC, Appellees

February 12, 2015109 A.3d 1123

Summary

The court affirmed dismissal of the purchasers’ claims arising from alleged nondisclosure of a neighboring construction project. It held that the non-merchant seller could not incur derivative liability under the CPPA, that post-contract disclosures could not support detrimental reliance based on an asserted right to breach the contract, and that the nondisclosure did not deprive the purchasers of the contract’s fruits because the contract imposed no duty to disclose neighboring construction. The CPPA claim against the realtor and realty company remained undisturbed. No separate opinions were filed.

Holding

  • Derivative CPPA liability of a non-merchant seller. The CPPA does not authorize liability against a non-merchant for aiding and abetting or civil conspiracy based on a merchant’s alleged CPPA violation.
  • Detrimental reliance on post-contract misrepresentations or omissions. The purchasers did not sufficiently plead detrimental reliance because the alleged misrepresentations and omissions occurred after they signed the sales contract, and they could not base reliance on an asserted right to breach that contract.
  • Implied covenant of good faith and fair dealing. The alleged nondisclosure of construction at the neighboring building did not breach the implied covenant because the sales contract imposed no duty to disclose that condition and the purchasers received the fruits of the contract.

Docket 14-CV-374

Cited authorities

  • R. 54(b)
  • R. 12(b)(6)
  • Rule 12(b)(6)
  • Rule 54(b)
  • D.C. Code § 28-3901
  • D.C. Code § 28-3901
  • 77 Colum. L. Rev. 554

Cited by

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