Zeeman Et Al. v. Black Et Al‪.‬

In early 1977 appellants, the Zeemans, began to search for a home to purchase. During that search the Zeemans met appellee-Ledbetter,
a real estate agent associated with the appellee-Emily Anne Smith Realty Company, Inc. (Smith Realty). Ledbetter showed the
Zeemans appellee-Black's property which was for sale. It is apparently conceded that during the preliminary negotiations both
Ledbetter and Black made representations that the lot was some 2.78 acres in size. A contract to purchase the property was
executed and on April 7, 1977, the transaction was consummated. Subsequent to the date of closing, the Zeemans discovered that their property contained only approximately 1.65 acres. Pursuant
to Code Ann. § 106-1210 (b) the Zeemans made written demand on Black, Ledbetter and Smith Realty for damages, asserting
that the misrepresentation as to the acreage was a violation of the Georgia Fair Business Practice Act (FBPA), Code Ann. §
106-1201 et seq. Thereafter the Zeemans filed the instant suit against Black, Ledbetter and Smith Realty, alleging a right
of action under the FBPA. After discovery all parties moved for summary judgment. The trial court entered its order denying
the Zeemans' motion and granting the motions of Black, Ledbetter and Smith Realty. The Zeemans appeal from this order.