Plaintiffs Allege Breach of Real Estate Contract Against Seller Over Option Agreement

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In a legal battle over a real estate transaction gone awry, two plaintiffs have taken their case to the Court of Appeals of North Carolina, seeking specific performance and damages from the defendant. Cornelius McCall and Sincera McCall filed the complaint against Yuying Zhang on November 19, 2025, in Wake County Superior Court after an unfavorable ruling by Judge Matthew T. Houston.

The case centers around a lease-to-own agreement made in May 2020 between the McCalls and Zhang for a single-family residence. The arrangement included a lease term of 24 months with an option to purchase the property for $535,000 before June 30, 2022. The McCalls paid $25,000 for this option, which would be credited towards the purchase price if executed. However, complications arose when the McCalls attempted to exercise their option to buy in May 2022. Despite notifying Zhang of their intent to purchase via text message and beginning mortgage proceedings, they faced hurdles when their lender required a standard purchase agreement that Zhang refused to provide.

The crux of the dispute lies in whether the McCalls properly exercised their option under the contract terms and whether they were ready and able to close by the deadline. The trial court granted summary judgment in favor of Zhang, concluding that the McCalls did not meet these requirements. On appeal, Chief Judge Dillon noted that while ambiguities existed in how notice should be given under the contract terms, ultimately there was no evidence that the McCalls were prepared to close within a reasonable time frame after June 30, 2022.

The plaintiffs argue that Zhang’s refusal to cooperate with drafting a new purchase agreement constituted bad faith and hindered their ability to secure financing. However, Judge Dillon found no obligation on Zhang’s part to prepare such an agreement or evidence of undue hindrance by Zhang. As such, without proof of readiness or ability to close on time through no fault of their own, summary judgment was deemed appropriate.

Representing Cornelius and Sincera McCall is Daron D. Satterfield from Satterfield Law PLLC; meanwhile, James M. Hash and Andrew M. Simpson from Gaskins Hancock Tuttle Hash LLP defend Yuying Zhang. The appellate judges involved are Dillon as Chief Judge with Judges Zachary and Freeman concurring on Case No. COA25-222.

Source: COA25222_McCall_v_Zhang_Opinion_North_Carolina_Court_of_Appeals.pdf


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