Dеfendant Fleetwood Homes of North Carolina manufactured and delivered a defective mobile home to plaintiffs Ray Walker and Betty Staten. We affirm the Court of Appeals determination that Staten had standing to bring an unfair and deceptive trade practices claim under N.C.G.S. § 75-1.1 (2005). However, we modify the Court of Appeals opinion to hold that while defendant’s violations of a licensure regulatiоn may constitute violations of N.C.G.S. § 75-1.1, those violations are not per se unfair or deceptive trade practices. Accordingly, we remand this matter for additional findings of fact as to plaintiffs’ claims.
In August 2001, plaintiff Ray Walker purchased a new mobile home from New Way Housing (New Way), a retailer in New Bern, North Carolina. New Way specially ordered the construction and delivery of the home from defendant Fleetwood Homes of North Carolina (Fleetwood). Walker supplied a down payment of $9,620.00 and financed the remaining $36,605.00 with a-retail installment contract from a Delaware loan corporation. Although the contract recorded Walker as the borrower for the home, his purchase was a “buy for” transaction on behalf of his adult daughter, plaintiff Betty Staten, who was receiving Social Security disability benеfits as a result of panic attacks. In such a “buy for” arrangement, the customer purchases a home on behalf of a beneficiary, who may be responsible for subsequent installment payments. As Walker’s beneficiary, Staten planned to live in the home and make the monthly installment payments. When the home was purchased, she selected its interior furnishings and amenities.
Defendant delivered the newly-manufactured mobile home to New Way in September 2001, and New Way installed it soon thereafter. Defendant provided a two-year manufacturer’s warranty: “Your new home, including the steel structure beneath the floor of the home, plumbing, heating, electrical systems, appliances, and all equipment installed by the Fleetwood Manufacturing Center, is warranted, under normal use, to be free from defects in materials and/or workmanship for two years.” (Emphasis omitted.) New Way contracted with and relied upon defendant to provide all service and warranty work.
Plaintiffs discovered numerous defects in the construction and installation of the home. Deficiencies included uneven floors, twisted walls, missing front steps, an unsafe fireplace, used kitchen cabinets, gaps in the floor exposing the bathroom plumbing, and partially or fully inoperable windows. Because of these defects, Staten never moved into her new home.
Through New Way, plaintiffs repeatedly requested repairs to the home, and at the beginning of October 2001, one of defendant’s employees telephoned Staten. Because she had already arranged to meet with counsel the next Thursday, Staten asked the caller to schedule an appointment to come see the home after that day. It is not apparent from the record whether Staten advised the caller that she was consulting with an attorney, but, at any rate, defendant never called back to reschedule and failed to perform any repairs on the home prior to the filing of plaintiffs’ complaint. Plaintiffs attempted to rescind the contract later that month, but New Way refusеd because the purchase contract allowed for rescission only within three business days after the agreement was signed.
In March 2002, plaintiffs brought claims against New Way, the loan corporation, and defendant Fleetwood. Plaintiffs settled their claims against both New Way and the loan corporation before trial, and in accordance with the settlement, the loan corporation reрossessed the home. Plaintiffs proceeded to trial against defendant, and on 6 October 2003, a jury found in favor of plaintiff Walker on his claim for breach of warranty. In addition, on the verdict sheets, the jury found that defendant failed to perform repairs completely and in a workmanlike and
On 21 March 2006, a divided Court of Appeals affirmed in part, dismissed in part, and remanded for a new trial on damages. Although the Court of Appeals unanimously affirmed the trial court’s denial оf defendant’s post-verdict motions, the panel split as to whether Staten, as Walker’s beneficiary, had standing to bring a UDTP claim.
Walker v. Fleetwood Homes of N.C., Inc.,
Defendant initially contends that Staten lacks standing to maintain a UDTP claim because she was not a “buyer” of the home under Article 9A of Chapter 143 of the North Carolina General Statutes (“North Carolina Manufactured Housing Board — Manufactured Home Warranties”). 1 Defendant cites N.C.G.S. § 143-143.12(c) (2005), which provides that “[a]ny buyer of a manufactured home who suffers any loss or damage by any act of a licensee that constitutes a violation of this Article may institute an action to recover against the licensee and the surety.” This statutоry section, titled “Bond Required,” governs surety bonds that a manufacturer, dealer, or set-up contractor must furnish as licensees of the North Carolina Manufactured Housing Board and allows a buyer of a manufactured home who suffers “any loss or damage by any act of a licensee that constitutes a violation of this Article” to bring an action against those surety bonds for recovery. Id. A “buyer” is defined under the Article as “[a] person who purchases at retail from a dealer or manufacturer a manufactured home for personal use as a residence or other related use.” N.C.G.S. § 143-143.9(2) (2005). 2 Defendant argues that only Walker was the “buyer” of the mobile home and that his “buy for” arrangement on behalf of his daughter Staten did not bring her within the statutory definition. Defendant argues that, as a result, Staten lacks standing to bring a claim.
As the Court of Appeals majority correctly noted, however, N.C.G.S. § 143-143.12 is not an exclusive remedy.
Walker,
If any person shall be injured ... by reason of any act or thing done by any other person, firm or corporation in violation of the provisions of this Chapter, such person ... so injured shall have a right of action on aсcount of such injury done, and if damages are assessed in such case judgment shall be rendered in favor of the plaintiff and against the defendant for treble the amount fixed by the verdict.
Id.
§ 75-16 (2005) (emphasis added);
see also Marshall v. Miller,
The majority cited
Hyde v. Abbott Laboratories, Inc.,
Although we acknowledge that Hyde deals with an antitrust class action lawsuit and thus is not directly applicable to the case at bar, we agree with the analysis conducted by the Court of Appeals majority and its interpretation of “any person” in N.C.G.S. § 75-16. Therefore, as the person who selected the interior details for the home, who planned to live in the home, and who was going to make the monthly installment payments, Staten was a consumer of the mobile home supplied by defendant. When defendant supplied a defective home, Staten suffered a resulting injury. Accordingly, she has standing as a “person . . . injured” under N.C.G.S. § 75-16.
Defendant next contends that its violation of a Department of Insurance regulation, 11 NCAC 8.0907, does not constitute a per se unfair or deceptive trade practice. The regulation at issue was promulgated under statutory authority conferred by N.C.G.S. §§ 143-143.10 and 143-143.13 (2005), both of which pertain to the North Carolina Manufactured Housing Board. Section 143-143.10 addresses the creation, composition, powers, and duties of the Manufactured Housing Board. Section 143-143.11(a) (2005) provides that it is unlawful for “any manufactured home manufacturer, dealer, salesperson, or set-up contractor” to conduct business without obtaining a license from the Board, and § 143-143.13 sets out grounds for denying, suspending, or revoking these licenses. In particular, § 143-143.13(a)(7) directs that a license may be denied, suspended, or revoked if a licensee uses “unfair methods of competition or commit[s] unfair or deceptive acts or practices.”
Applying this statutory authority, Department of Insurance regulation 11 NCAC 8.0907 delineates unfair methods of competition or unfair or deceptive commercial acts or practices for purposes of licensure penalties. These methods, acts, and practices include but are not limited to:
(1) Failure to perform repairs, alterations and/or additions completely or in a workmanlike and competent manner.
(2) Repeated failure to give timely notice of inability to appear for a scheduled repair.
(3) Representing used manufactured homes, appliances, or fixtures as new or failure to identify used appliances, fixtures and/or equipment in new manufactured homes.
(4) Repeated failure to respond promptly to consumer complaints and inquiries.
11 NCAC 8.0907(1X4).
The trial court submitted special interrogatories to the jury concerning plaintiffs’ UDTP claims. Several of the interrogatories were based upon subsections (1) and (4) of 11 NCAC 8.0907:
Issue Four: Did the defendant fail to perform repairs completely and in a workmanlike and competent manner?
Issue Five: Was the defendant’s failure to perform repairs completely and in a workmanlike and competent manner сaused by the conduct of the plaintiffs?
Issue Six: Did the defendant repeatedly fail to respond promptly to the plaintiffs’ complaints regarding the manufactured home?
Issue Seven: Was the defendant’s repeated failure to respond promptly to the plaintiffs’ complaints about the manufactured home caused by the conduct of the plaintiffs?
The jury found for plaintiffs on the interrogatories, and on thе bases of these findings, the trial judge entered an order concluding that defendant committed unfair or deceptive trade practices in violation of N.C.G.S. § 75-1.1:
1. The acts so found by the jury in Issues Four and Six to have been done by the defendant Fleetwood are specifically delineated and defined as unfair and deceptive commercial acts or practices in the Regulatory Rules for the North Cаrolina Manufactured Housing Board as set out in Section 11 N.C.A.C. 8.0907 in the Administrative Code.
2. North Carolina General Statute § 143-143.13(a)(7) sets out using unfair and deceptive acts or practices as defined in 11 N.C.A.C. 8.0907 as a ground for denying, suspending or revoking the license of a manufacturer of manufactured housing.
3. The Manufacturing Housing Board is the regulatory licensing agency within the N.C. Department of Insurance governing manufacturers of manufаctured housing charged with the application of these regulations.
4. The acts so found by the jury in Issues Four and Six occurred in the commerce of and affecting commerce in the State of North Carolina.
5. The acts so found constitute, as a matter of law, unfair or deceptive acts or practices in violation of North Carolina General Statute § 75-1.1.
In affirming the trial court, the Court of Appeals stated “ ‘that the violation of regulatory statutes which govern business activities may also be a violation of N.C. Gen. Stat. § 75-1.1 whether or not such activities are listed specifically in the regulatory act as a violation of N.C. Gen. Stat. § 75.1-1.’ ”
Walker,
Defendant contends the Court of Appeals erroneously concluded that a violation of the North Carolina Administrative Code constitutes a
per se
unfair or deceptive trade practice under N.C.G.S. § 75-1.1. Defendant argues that its violations of subsections (1) and (4) of 11 NCAC 8.0907, regulations which pertain to the licensing of mobile home manufacturers and dealers, do not necessarily establish a Chapter 75 claim. We agree. As the Court of Appeals recognized in
Drouillard,
a violation of a regulatory statute which governs business activities “may also be a violation of N.C. Gen. Stat. § 75-1.1.”
Although this Court has previously held that violations of some statutes, such as those concerning the insurаnce industry, can constitute unfair and deceptive trade practices as a matter of law,
see,
Nevertheless, a regulatory licensure violation may be evidence of a UDTP. Thus, even though defendant’s violations of subsections (1) and (4) of 11 NCAC 8.0907 are not unfair or deceptive trade practices per se, those violations are potentially relevant to any claim that defendant violated § 75-1.1.
Defendant next contends that the facts found by the jury in its interrogatories were insufficient to demonstrate that defendant committed a UDTP. “Whether an act found by the jury to have occurred is an unfair or deceptive practice which violates N.C.G.S. § 75-1.1 is a question of law for the court.”
Ellis v. N. Star Co.,
Here, the jury’s answers to interrogatories based upon subsections (1) and (4) of 11 NCAC 8.0907 indicated that defendant failed to perform repairs completely and in a workmanlike and competent manner, and that defendant repeatedly failed to respond promptly to plaintiffs’ complaints regarding those repairs. On the basis of these findings of fact by the jury, the trial court determined as a matter of law that defendant committed unfair or deceptive trade practices under § 75-1.1.
However, “[i]n order to establish a violation of N.C.G.S. § 75-1.1, a plaintiff must show: (1) an unfair or deceptive act or practice, (2)
in or affecting commerce, and (3) which proximately caused injury to plaintiffs.”
Id.-, see also
N.C.G.S. § 75-1.1(a). Only the first element is at issue here. “A practice is unfair when it offends established public policy as well as when the practice is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers.”
Marshall,
The jury determined that Fleetwood breached its express warranty with Walker and awarded Walker $475.00 in damages. Defendant does not appeal the jury’s determination. However, dеfendant contends that the jury’s answers to interrogatories four through seven demonstrate nothing more than this breach of warranty. Because a breach of warranty, standing alone, does not constitute a violation of N.C.G.S. § 75-1.1,
see Mitchell v. Linville,
In light of our resоlution of this case, we need not reach this issue. As to defendant’s pertinent behavior, the jury interrogatories asked only whether defendant failed to perform repairs completely and in a workmanlike and competent manner, and whether defendant repeatedly failed to respond promptly to plaintiffs’ complaints. These interrogatories were derived nearly verbatim from a licеnsure regulation, and violations of this regulation by themselves are insufficient to prove a UDTP claim. On these limited findings of fact, the court had an insufficient basis on which to reach conclusions of law required under § 75-1.1 as to whether defendant’s
As explained above, the findings by the jury on those interrogatories can be evidence of unfair or deceptive practices and, in combination with other facts, might be sufficient to prove a UDTP claim. The Court of Appeals unanimously ordered a new trial on damages. At this new trial, the trial court may submit to the jury additional interrogatories seeking information which, if found by the jury, may be sufficient to support a finding of fact that defendant committed a UDTP. Accordingly, we remand this case to the Court of Appeals for further remand to the trial court for additional findings of fact on plaintiffs’ claims of unfair and deceptive trade practices.
We affirm the Court of Appeals in part, modify in part, and remand this case to that court for further remand to the trial court for additional proceedings not inconsistent with this opinion.
AFFIRMED IN PART, MODIFIED IN PART, AND REMANDED.
Notes
. Article 9A was rewritten by the General Assembly effective 1 April 2006 and 1 July 2006. Act of Aug. 23, 2005, ch. 451, sec. 7,2005 N.C. Sess. Laws 1796,1803. Because the instant action was filed before the effective dates of the revision, the previous version of Article 9A applies to this case.
. Although the definition of “buyer” in this section was amended by the General Assembly effective 1 April 2006, for the reason stated in Footnote 1, the amendment does not affect our analysis.