Legal Opinion

Buckingham v. Ryan

New Mexico Court of Appeals

Decided December 17, 1997No. 17829, 17998PublishedCited by 33 opinions

1Opinion of the Court

OPINION

PICKARD, Judge.

¶ 1 This case requires us to consider the appropriate relief when a seller wishes to declare forfeiture of a large down payment upon default of a real estate contract. Caye Buckingham (Buyer) sued James Ryan (Seller) for damages resulting from the default and forfeiture of her interest in a real estate contract. Seller counterclaimed seeking attorney fees and damages for breach of contract. Judgment was entered in favor of Seller. On appeal, Buyer presents five issues: (1) whether retention of the down payment under these circumstances is unconscionable; (2) whether…

2Cases cited15 opinions

  1. Ledbetter v. WebbNew Mexico Supreme Court · 1985
  2. Sanchez v. Homestake Mining Co.New Mexico Court of Appeals · 1985
  3. State v. RoybalNew Mexico Court of Appeals · 1992
  4. Albuquerque National Bank v. Albuquerque Ranch Estates, Inc.New Mexico Supreme Court · 1982
  5. Montoya v. Villa Linda Mall, Ltd.New Mexico Supreme Court · 1990

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3Cited by33 opinions

  1. Couch v. Astec Industries, Inc.New Mexico Court of Appeals · 2002
  2. G & G SERVICES, INC. v. Agora Syndicate, Inc.New Mexico Court of Appeals · 1999
  3. Sunnyland Farms, Inc. v. Central New Mexico Electric Cooperative, Inc.New Mexico Supreme Court · 2013
  4. United Properties Ltd. v. Walgreen Properties, Inc.New Mexico Court of Appeals · 2003
  5. Concerned Residents of Santa Fe North, Inc. v. Santa Fe Estates, Inc.New Mexico Court of Appeals · 2008

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