Dishner Developers, Inc. v. Brown

TIMMONS-GOODSON, Judge.

Victoria Brown (“defendant”) appeals from the order finding her in breach of contract and allowing Dishner Developers, Inc. (“plaintiff’) to retain $6,500 in earnest money. The facts in this case are uncontroverted. Defendant entered into a contract to purchase certain realty from plaintiff on 25 June 1997. The contract included a thirty-day cure provision after written notice of any title defect. The contract also provided that buyer’s breach would result in the forfeiture of all earnest money to the seller. The agreement further provided that closing would “occur on…