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On Line Inc. v. Wrightsboro Walk LLC

Issues of material fact remained as to whether the seller of commercial property made material misrepresentations to the buyer and whether the buyer was unable to assume the loan.

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This appeal arises from a contract dispute over the purchase of commercial real estate. After On Line, Inc. On Line, failed to complete the purchase of the property, Wrightsboro Walk, LLC Wrightsboro, filed the instant action against On Line, alleging that On Line breached the parties’ contract and acted in bad faith by failing to deposit into escrow the proper amount of earnest money and asking for attorney fees and costs. Wrightsboro moved for summary judgment, which the trial court granted. On Line appeals, arguing that the trial court erred by 1 finding that the inspection period began on August 23, 2013, rendering On Line’s termination untimely; 2 failing to find missing conditions precedent to the obligation; and 3 failing to find a question of fact existed as to whether Wrightsboro was estopped from asserting that termination was untimely. Because there is a genuine issue of material fact as to whether On Line was able to obtain financing as a contractual condition precedent to payment of the earnest money and completion of the sale, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A defendant moving for summary judgment may put forth evidence to show that there is no issue of fact as to one or more elements of the plaintiff’s causes of action or demonstrate that the record lacks sufficient evidence to support one or more of the plaintiff’s causes of action. We review the grant or denial of summary judgment de novo, construing the evidence in favor of the nonmovant.1

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