O'DELL v. Pine Ridge Investments, LLC

Phipps, Judge.

After a scheduled real estate closing did not occur, both the prospective purchaser and seller claimed entitlement to funds paid as earnest money by the prospective purchaser to the prospective seller. On cross-motions for summary judgment, the trial court awarded the funds to the prospective seller. Because the parties’ underlying real estate agreement was unenforceable due to an insufficient description of the property to be sold, we reverse and remand with direction.

Summary judgment is appropriate when the record shows that there is no genuine issue as to any material fact…