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Salim v. Solaiman

The trial court did not err in ruling that the parties' purchase agreement was void and unenforceable due to an inadequate property description.

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Talat Solaiman and Sabina Chowdhury sued Mohammad Salim for breach of contract in connection with the sale of a convenience store. Following a bench trial, the trial court awarded Solaiman and Chowdhury judgment in the amount of $27,000 plus prejudgment interest. As his sole argument on appeal, Salim contends the trial court erred in finding that the property description in the parties’ purchase agreement was inadequate, rendering the agreement unenforceable. Salim bought the property and business, a convenience store and gas station, located at 199 Upper Riverdale Road in Jonesboro in October 2006. He made some improvements to the property and then offered it for sale. Solaiman and Chowdhury approached Salim about buying the property in December 2006. After negotiating a purchase price of $975,000, the parties signed a handwritten document memorializing the terms of the agreement and on December 26, signed a more formal, typewritten “Purchase and Sale Agreement” prepared by Solaiman and Chowdhury.

The typed agreement did not contain or reference a metes-and-bounds description of the subject property but described it simply as “the property and business known as BP Food Mart located at 199 Upper Riverdale Road, Jonesboro, GA 30236.” The agreement set a closing date of January 5, 2007 and required Solaiman and Chowdhury to pay a $25,000 “security deposit” to be applied toward the down payment. But the agreement did not specify what would happen to the security deposit in the event the sale failed to close.

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