Since the broker is representing the seller the brokers agent would also be representing the seller. Id. Section 8-1-47 - Presumptions as to availability of specific . contract to terminate it? Contact our attorneys online or by calling (404) 373-4008 to schedule your confidential consultation. The filing of a Notice of Lis Pendens will almost always render the title to a property unmarketable pending the outcome of the lawsuit. Specific performance remains a viable remedy for sellers, as well as buyers, when the other party breaches a contract for real property. Georgia law creates a few limited exceptions that persons performing brokerage activities be licensed. See Swan Kang, Inc. , 243 Ga. App. The appeals court revived the case. An executory agreement for the sale of real property expires one year and a day from the date specified in the agreement or 18 months and a day from the date it was signed. (punctuation omitted); Hampton Island, 306 Ga. App. A first lien has a higher priority than other liens and gets first crack at the sale proceeds. On the contrary, the Contract specifically states that the Property was being sold "as is." No. Is It Safe to Waive the Inspection Contingency When Buying a Home? With these guiding principles in mind, we turn now to the Buyers specific claims of error. The essential facts in Hampton Island , however, are clearly distinguishable from the instant case. On May 22, the Buyers notified the Sellers that they intended to unilaterally terminate the Contract, and they relinquished the $40,000 in earnest money. at 115-116 (2), 550 S.E.2d 686. Notably, Arizona law construes escrow instructions, supplemental escrow instructions, and even receipts as valid writings sufficient to show an agreement between the contracting parties. Complaint for Specific Performance or Damages Based on a Contract to What Is a Specific Performance Clause? - Investopedia Might it be more advantageous for me to seek money damages instead of specific performance? Is there a difference between fraud and misrepresentation?

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