Cases of Note

OVERVIEW: The trial court awarded the sellers damages in the amount of $ 53,484.92 and dismissed the counterclaim. The trial court expressly found no misrepresentation by the sellers. The issue on appeal was whether the trial court erred in holding the buyers in breach of contract and awarding damages to the sellers. The court found that the trial court considered the case on of buyers remorse and the buyers failure to close on their home was not due to any of their purported reasons, but because they found a more preferred home after execution of the contract. Despite the buyers' argument that they did not discover eroding and flooding problems until shortly before trial, the court found that the buyer considered the proposed channelization the only reason for the failure to close. The court affirmed the trial court's judgment because a preponderance of the evidence supported the trial court's findings.

OUTCOME: The court affirmed the trial court's findings, which found in favor of the sellers. (Click here for opinion)