NC · jury_instructions
N.C.P.I.—Civil 747.10
WARRANTIES IN SALES OF DWELLINGS - ISSUE OF BUILDER'S DEFENSE THAT BUYER HAD NOTICE OF DEFECT.
The (state number) issue reads:
"Did the plaintiff [buy] [take possession of] (identify dwelling) with
notice of the defect(s)?"
On this issue the burden of proof is on the defendant. This means
that the defendant must prove, by the greater weight of the evidence,
that the plaintiff had notice of the defect(s) at the time he [bought]
[took possession of] (identify dwelling).1
A home buyer has notice of a defect when he has actual knowledge
of it or when it is sufficiently visible that a reasonable home buyer under
the same or similar circumstances would discover it upon an inspection of
the dwelling.2
Finally, as to this (state number) issue on which the defendant has
the burden of proof, if you find by the greater weight of the evidence that
the plaintiff [bought] [took possession of] (identify dwelling) with notice
of the defect(s), then it would be your duty to answer this issue "Yes" in
favor of the defendant.
If, on the other hand, you fail to so find, then it would be your duty
to answer this issue "No" in favor of the plaintiff.
History
N.C.P.I.—Civil 747.10 (May 1999). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e26ddca9744fd4617a2a3bf414211f17d63eeeb7e48bd81c8eb080397e5968e6
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