Parks v. Thompson Builders, Inc.

SMITH, Presiding Judge.

Monica Parks sued Thompson Builders, Inc. for the return of her earnest money after she was unable to obtain financing to close on a home constructed by Thompson Builders. The case proceeded to a jury trial, but at the close of the evidence, the trial court granted Thompson Builders’s motion for directed verdict. The court ruled that the contract between the parties was unenforceable and that Parks was estopped from receiving the return of her earnest money because she failed to exercise due diligence to obtain financing. For the following reasons, we affirm in part,…