Supreme Court of North Carolina

Reynolds-Douglass v. Terhark

June 17, 2022

Summary

The court affirmed the award of summary judgment, damages, and attorney's fees to the seller after the buyer breached a residential real-estate purchase contract. It held that the written contract was an evidence of indebtedness under N.C.G.S. § 6-21.2 because it imposed legally enforceable obligations to pay the due-diligence fee and earnest-money deposit, and that the contractual fee provision therefore authorized attorney's fees. The court also upheld the fee award for legal work incurred in defending the judgment obtained in the lower proceedings.