DBSI Signature Place, LLC v. BL Greensboro, L.P.

MEMORANDUM **

DBSI Signature Place, LLC (DBSI), appeals the district court’s judgment in favor of BL Greensboro, L.P. (Greensboro), following a bench trial of disputes arising from the purchase by DBSI from Greensboro of an office building in North Carolina called Signature Place. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

DBSI contends the district court erred by holding that Greensboro did not breach the implied covenant of good faith and fair dealing in the parties’ contract when Greensboro obtained estoppel certificates from Signature Place tenants, because two tenants later sought reimbursement from DBSI for tenant improvements. Greensboro representatives testified that they did not think the estoppel certificates applied to tenant improvements. Further, DBSI did not offer evidence that Greensboro promised to pay for the improvements of the two tenants at issue, since payment was neither due nor asserted to be due at the time of closing. Therefore, the district court did not clearly err when it found that Greensboro acted in good faith with respect to the estoppel certificates. See L.K. Comstock & Co., Inc. v. United Eng’rs & Constructors, Inc., 880…