Unfortunately, the Commission will normally allege that every single improper behavior violates multiple portions of the license law and regulations. With thousands of . . Service contract - full performance or signed contract b. Southeastern Land Fund , 237 Ga. at 230, 227 S.E.2d 340 (citations, punctuation, and emphasis omitted). In this case, the Sellers contend that the Hampton Island decision established a rule that automatically entitles them to specific performance, arguing that the case stands for the proposition that monetary damages never constitute an adequate remedy at law following the breach of a real estate sales contract, regardless of the circumstances. 43-40-25.2). means the first page and all those following until the end of the document. 553 . (a) As an initial matter, to the extent that the trial court granted summary judgment to the Sellers on their claim for specific performance and granted judgment in favor of the Broker on its claim to the full commission under the Contract, such ruling was erroneous. Lawyers solicited for peer reviews include both those selected by the attorney being reviewed and lawyers independently selected by Martindale-Hubbell. Or you learn that a garbage dump is scheduled to open nearby next year. In this case involving the breach of a real estate sales contract, the prospective purchasers of the property at issue ("Property"), Zachary and Carrie Sexton ("Buyers"), appeal from the grant of summary judgment to the sellers of the property, Russell and Linda Sewell ("Sellers") and the Sellers broker, Beacham & Company, LLC, d/b/a Beacham & Company Realtors ("Broker"). Georgia-Specific Laws and Practices (35 pages) National Practice Tests (500 questions) Georgia Practice Tests (125 questions) Georgia Sample Exam (100 questions) We know the real estate licensing exam can be tough, and very nerve-wracking to prepare for. This is true even where the want of title is caused by the sellers own action in conveying the property to a third party. Furthermore, the buyer allegedly put up more than $450,000 of the propertys $525,000 sale price. closing date (time for performance) buyer's "free look" or due diligence period. Questions which merely lurk in the record, neither brought to the attention of the court nor ruled upon, are not to be considered as having been so decided as to constitute precedents.") Under Arizonas Statute of Frauds, an agreement for the sale of real property or an interest therein requires a writing, signed by the parties to be charged. Learn how the legal remedy of "specific performance" applies to real estate sales. "Of course, whether a provision represents liquidated damages or a penalty does not depend upon the label the parties place on the payment but[,] rather[,] depends on the effect it was intended to have and whether it was reasonable." See OCGA 13-6-10 ("Unless otherwise provided by law, exemplary damages shall never be allowed in cases arising on contracts. The Sellers have failed to explain why $40,000, plus the proceeds of the sale, would not have constituted an "adequate remedy" for them under the circumstances presented. A General Warranty Deed is a deed used by sellers to convey property in which the seller warrants that the property is being sold free from title defects arising both before the seller bought the property and during the time the seller owner the property.
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