RHL Properties LLC v. Neese

A fact question existed as to whether the parties waived strict compliance with the purchase agreement's contractual notice provision through their course of conduct.

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RHL Properties, LLC appeals from the jury verdict in favor of Holly Yarborough on her claim for breach of a home warranty. RHL Properties contends that it was entitled to a directed verdict on the warranty claim because Yarborough did not strictly comply with the contractual notice requirements. For the reasons discussed below, we affirm.A directed verdict is proper only if there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict. OCGA § 9-11-50 a. In determining whether any conflict in the evidence exists, the court must construe the evidence most favorably to the party opposing the motion for directed verdict. The standard used to review the grant or denial of a directed verdict is the any evidence test.Footnote omitted. Hill Roofing Co. v. Lowe’s Home Centers , 265 Ga. App. 822 595 SE2d 638 2004. Viewed in this light, the evidence adduced at trial shows that RHL Properties is a Georgia limited liability company involved in the home construction and remodeling business. In April 2003, Yarborough and RHL Properties entered into a “New Construction Purchase and Sale Agreement” under which RHL Properties agreed to sell Yarborough a home in Pickens County the “Purchase Agreement”.1 The home, which was originally built in the 1950s, had been moved to Pickens County and remodeled “from floor to roof” by RHL Properties.

The Purchase Agreement included a one-year home warranty “against all defects in labor and materials normal wear and tear excepted.” The Purchase Agreement also stated in part that all notices, including offers, counteroffers, acceptances, amendments and demands, required or permitted hereunder shall be in writing signed by the party giving the notice and delivered 1 in person, 2 by an overnight delivery service, prepaid, 3 by facsimile transmission . . . or 4 by the United States Postal Service, postage prepaid, registered or certified return receipt requested.The Purchase Agreement further provided:

RHL Properties LLC v. Neese

A fact question existed as to whether the parties waived strict compliance with the purchase agreement's contractual notice provision through their course of conduct.

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