Buyer Beware: Georgia Consumers Can\u27t Rely on the Fair Business Practices Act

In Novare Group, Inc. v. Sarif, the Georgia Supreme Court rejected the plaintiffs\u27 claim that the defendant brokers and developers violated the Georgia Fair Business Practices Act ( FBPA ), Georgia\u27s primary consumer protection statute. The author contends that the court\u27s approach in Novare undermines the Georgia General Assembly\u27s purpose in enacting the FBPA to protect consumers from unfair or deceptive practices. The article criticizes the court for treating claims under the FBPA the same as common law fraud claims. It also examines the court\u27s treatment of reliance, parol evidence, merger clauses and legislative silence. Finally, the article discusses the implications for future actions seeking redress for FBPA violations