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Novare Group V. Sarif: Buyer Beware; Georgia Consumers Can't Rely On The Fair Business Practices Act, Mark E. Budnitz
Novare Group V. Sarif: Buyer Beware; Georgia Consumers Can't Rely On The Fair Business Practices Act, Mark E. Budnitz
Mark E. Budnitz
The article discusses the Georgia Supreme Court’s decision, Novare Group v. Sarif, 290 Ga. 186, 718 S.E.2d 304 (2011). The article analyzes the court’s response to the plaintiffs’ claim that the defendant brokers and developers violated the Georgia Fair Business Practices Act (FBPA), Georgia’s primary consumer protection statute. I contend that the court’s approach undermines the FBPA. I describe the General Assembly’s purpose in enacting the FBPA and criticize the court for treating claims under the FBPA the same as common law fraud claims. I also examine the court’s treatment of parol evidence and merger clauses. I discuss the implications …
Novare Group V. Sarif: Buyer Beware; Georgia Consumers Can't Rely On The Fair Business Practices Act, Mark E. Budnitz
Novare Group V. Sarif: Buyer Beware; Georgia Consumers Can't Rely On The Fair Business Practices Act, Mark E. Budnitz
Mark E. Budnitz
In Novare Group v. Sarif, 290 Ga. 186, 718 S.E.2d 304 (2011), the Georgia Supreme Court substantially thwarted the legislature's intention in enacting the Fair Business Practices Act (FBPA), Georgia's primary consumer protection statute. The article analyzes the court’s approach to the plaintiffs’ claim that the defendant brokers and developers violated the FBPA. I examine the court’s approach to parol evidence and merger clauses. I describe the General Assembly’s purpose in enacting the FBPA and criticize the court for treating claims under the FBPA the same as common law fraud claims. I discuss the implications for future actions seeking redress …