The Ford Plantation Club, Inc. v. Scott, 4:16-cv-00309

Plaintiffs Ford Plantation Association and Ford Plantation Club operate and manage common areas and club amenities in a residential development and charge fees/assessments.
Michael and Nancy Scott purchased property in the development in 2002 and became Club members, incurring fee and assessment obligations which they later failed to pay.
Plaintiffs sued in Bryan County Superior Court seeking over $150,000 in unpaid fees, late charges, and interest; defendants removed the case to federal court on diversity grounds.
In their answer, the Scotts asserted a counterclaim for deceit (fraudulent inducement), alleging Plaintiffs made affirmative misrepresentations about operation, amenities, and property value to induce the purchase.
Plaintiffs moved to dismiss the deceit counterclaim as time-barred under Georgia’s four-year statute of limitations (O.C.G.A. § 9-3-31) and argued the alleged statements were nonactionable opinions/puffery.
The Scotts responded briefly, arguing tolling under O.C.G.A. § 9-3-96 because Plaintiffs’ delay in suing constituted a fraud that concealed the claim; they provided no legal authority or factual allegations showing concealment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the fraudulent-inducement counterclaim is time-barred under Georgia’s 4-year statute	The counterclaim is untimely under O.C.G.A. § 9-3-31	Tolling applies under O.C.G.A. § 9-3-96 because Plaintiffs’ prior non-enforcement concealed the claim	Dismissed: claim untimely; no alleged concealment to toll limitations
Whether alleged statements are actionable fraud rather than nonbinding sales puffery	Statements were not pleaded as actionable with required specificity; some alleged statements are opinions/future performance	Scotts contend misrepresentations about operation/value induced purchase	Court did not reach merits because claim was dismissed as untimely; noted defendants failed to plead elements of fraud or identify any concealment artifice

Ashcroft v. Iqbal, 556 U.S. 662 (pleading must state a plausible claim; labels and conclusions insufficient)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (complaint must plead factual content permitting plausible inference of liability)
Sinaltrainal v. Coca-Cola Co., 578 F.3d 1252 (Eleventh Circuit discussing plausibility and pleadings)
City of McCaysville v. Cardinal Robotics, LLC, 263 Ga. App. 847 (Georgia law: fraudulent-inducement claims governed by four-year statute and tolling requires concealment)
Kerce v. Bent Tree Corp., 166 Ga. App. 728 (fraudulent-inducement accrues at contract execution; concealment, not original fraud, tolls limitations)
Serchion v. Capstone Partners, Inc., 298 Ga. App. 73 (enumeration of fraud elements under Georgia law)