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Wallace v. Bock

The defendant had no obligation to complete the plaintiffs' home after it placed $10,000 into escrow that the parties agreed would remain until the escrow agent was tendered a clear final inspection.

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Six years and a day after closing on their new house, John P. Wallace and Patricia Ann Wallace the Wallaces brought an action for breach of a purchase agreement, breach of an escrow agreement, and fraud against David E. Bock and associated entities Bock Homes, alleging that Bock Homes had failed to complete the house as agreed. The trial court granted summary judgment to Bock Homes, prompting the Wallaces to appeal.1 We find no error and affirm. On appeal from a grant of summary judgment, we review the evidence de novo, viewing it in the light most favorable to the nonmovant, to determine whether the trial court erred in concluding that no genuine issue of fact remains and that the moving party is entitled to judgment as a matter of law. Rubin v. Cello Corp. , 235 Ga. App. 250 510 SE2d 541 1998.

So viewed, the record shows that on July 29, 1994, the Wallaces entered into an agreement to purchase a house from Bock Homes, with closing scheduled for September 22. The closing was twice postponed because Bock Homes had failed to complete the house. On September 30, a representative of Bock Homes prepared an inspection report detailing the work remaining, including the installation of appliances, windows, lights, screens, drains, carpet, insulation, and door handles inside the house, as well as work on shingles, downspouts, deck supports, and grading outside.

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