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March 13, 2018
Posted in  75-1.1 Exemptions

North Carolina Court of Appeals Allows Section 75-1.1 Claim in the Context of a Residential Real Estate Transaction

We have examined cases that explore exemptions to liability under N.C. Gen. Stat. § 75-1.1.  The section 75-1.1 carve-outs include exemptions for securities transactions, internal business disputes, and employment matters.  Courts have also generally excluded residential real estate sales from the statute. A recent decision from the North Carolina Court […]

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November 14, 2017
Posted in  75-1.1 Exemptions

Internal Business Disputes, Third Parties, and Section 75-1.1

The reach of N.C. Gen. Stat § 75-1.1 extends to conduct “in or affecting commerce.” Although this phrasing seems broad, courts interpreted it to exempt several types of conduct from the statute’s purview.  One recognized exemption is for internal business disputes: that is, conduct among members of the same business. A recent decision by the […]

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