Georgia law creates a few limited exceptions that persons performing brokerage activities be licensed. One of the requirements of a valid contract is sufficient consideration The essential facts in Hampton Island , however, are clearly distinguishable from the instant case. Stat. Money damages are by far the most common type of legal remedy in a home purchase situation. What Is 'Specific Performance' as a Legal Remedy? - Findlaw In addition, we reverse the court's grant of summary judgment to the Broker on its claim for its commission under the sales contract. Table of Contents. The concept of specific performance arose in medieval England where land ownership was tied to social status and parliamentary voting rights. It is generally accepted that "the equitable remedy of specific performance is routinely awarded in contract actions involving real property, on the premise that each parcel of real property is unique." Alba v. Kaufman, 27 A.D.3d 816, 818 (3 rd Dep't 2006) (citations and internal quotation marks omitted). Reveal number tel: (404) 250-3300 . Publisher. See, e.g.. Sometimes, though, the type of harm that is caused by a breach of a contract cannot be corrected through an award of money damages, regardless of the amount. However, a legally enforceable contract is not created until the accepted contract is then delivered back to the party who made the offer or counteroffer. This issue is addressed in Division 6, infra. What are the different Martindale-Hubbell Peer Review Ratings?*. The answer to this question is no, unless you are asked. The Buyers contend that the trial court erred in granting summary judgment to the Sellers on the claim for incidental damages that allegedly arose from the Buyers breach of the Contract. Specifically, BRRETA provides that if no expiration is provided, the agreement terminates one year after initiation of the engagement. The meaning of this phrase has yet to be interpreted by the courts in Georgia. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. By so stating, we do not suggest that this Court erred in affirming the grant of specific performance to the seller in Hampton Island , particularly given the unique facts presented therein. Existing houses not built in accordance with the current code do not have to comply with the new code and are said to be grandfathered. The phrase grandfather clause has its origins in racially discriminatory practices in southern states at the end of the 19th century and in the early 20th century. That is because of the inherently unique nature of a parcel of real estate. This argument suggests that the Sellers were more focused on these particular Buyers than on the additional $100,000 or so that they might have made from the sale of the Property to others if they had simply listed the Property for sale.
Dominick Dunne Cause Of Death, Garrett Morris Singing Snl, Philadelphia Cream Cheese Lemon Pound Cake Recipe, Articles S