Nhan v. Wellington Square, LLC

Adams, Judge.

Wellington Square, LLC (Wellington) filed suit to recover the earnest money held by the escrow agent, Warren M. Schmitz & Associates Realty Company, Inc., (Schmitz) on behalf of the would-be purchaser. In an effort to avoid any obligation with respect to the earnest money or otherwise, Schmitz filed a motion to dismiss, challenging the sufficiency of the description of the property in the sales contract. In granting partial summary judgment to Wellington, the trial court determined that the property description did not violate the Statute of Frauds. Schmitz and the would-be…