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Offer To Purchase And Contract: Buyer Beware, Lisa Ann Finger
Offer To Purchase And Contract: Buyer Beware, Lisa Ann Finger
Campbell Law Review
The purpose of this comment is to closely examine the current "Offer to Purchase and Contract" in the context of a typical real estate transaction, to evaluate its important provisions, to determine whether any of its provisions are inequitable, and if so, how these inequitable provisions could be reformed. This comment will also cover applicable North Carolina law and discuss how the form should be completed to comply with the applicable law to avoid later confusion and litigation. The first section of this comment will examine the front side of the form; it will explain how to properly complete the …
Unfair And Deceptive Legislation: The Case For Finding North Carolina General Statutes Section 75-1.1 Unconstitutionally Vague As Applied To An Alleged Breach Of A Commercial Contract, Thomas A. Farr
Campbell Law Review
The North Carolina General Assembly enacted the Unfair and Deceptive Trade Practices Act in 1969. The original purpose of the act was to protect consumers from predatory business practices. Nonetheless, the North Carolina Supreme Court has sanctioned an expanded application of the act to cases involving sophisticated commercial parties. This article will attempt to demonstrate that it is poor public policy to apply section 75-1.1 to cases based upon an alleged breach of a commercial contract and that in at least those instances section 75-1.1 is unconstitutionally vague.