Jones v. Bill Garlen Real Estate

Any broker-client relationship between the appellees and the appellants, which the parties' first purchase and sales agreement may have created, ended when that first agreement failed due to a low appraisal.

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In December 2008, LaMont Harmon entered into a contract to purchase a home in Jesup from Rick Hayes, who had listed the property with Bill Garlen Real Estate. After the sale failed to close, Harmon and his fiancee, Sandra Jones collectively, “the appellants”, pro se, brought this action against Bill Garlen Real Estate, Bill Garlen individually, and Garlen’s agent, Ann Grantham collectively, “the appellees” and against Hayes, in the Superior Court of Wayne County. The appellees moved to dismiss the complaint. After a hearing, the trial court determined that the complaint failed to state a claim against the appellees upon which relief could be granted and, therefore, granted their motions to dismiss. “We review de novo the trial court’s grant of a motion to dismiss. A motion to dismiss may be granted only where a plaintiff would not be entitled to relief under any set of facts that could be proven in support of the plaintiff’s claim.” Citations and punctuation omitted. Johnson v. Bd. of Commrs., Bibb County , 302 Ga. App. 266, 267 690 SE2d 912 2010. For the reasons explained below, we affirm. In their complaint, the appellants alleged the following. On December 27, 2008, Harmon and Hayes executed a Purchase and Sale Agreement, which was contingent on the property being appraised for at least the purchase price of $195,000. The appraised value did not satisfy that contingency. The appellants then terminated their agreement with the appellees under which the appellees acted in a dual capacity as their buyer’s agent as well as Hayes’ seller’s agent.

On January 29, 2009, Harmon, through the appellants’ new agent, Angel Spry, and Hayes entered into a new Purchase and Sale Agreement. The second Agreement was contingent on closing on or before February 6, 2009. The sale failed to close by that date.

Jones v. Bill Garlen Real Estate

Any broker-client relationship between the appellees and the appellants, which the parties' first purchase and sales agreement may have created, ended when that first agreement failed due to a low appraisal.

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