Adams v. Belote

A property buyer was entitled to breach of warranty damages where his attorney erroneously informed that the sellers owned the property in question after he informed the attorney of a potential title problem.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Jeffery S. Adams, his mother, LuAnn Adams, and sister, Betty Adams Clegg sellers appeal from the trial court’s denial of their motion for new trial following a bench trial on Michael Belote and Minter Naval Stores, Inc.’s complaint seeking reformation of a warranty deed, monetary damages for breach of warranty, and, alternatively, unjust enrichment.1 The trial court declined to reform the deed at issue, awarded breach of warranty damages regarding 20 acres described in the warranty deed, but which sellers did not own, and awarded unjust enrichment damages regarding 10 acres which the parties intended to include, but were not included in the warranty deed and which sellers did not own. “The court is the trier of fact in a bench trial, and its findings will be upheld on appeal if there is any evidence to support them.” Punctuation omitted. Vance v. Jackson , 233 Ga. App. 480, 481 1 504 SE2d 529 1998.

Viewing the evidence with all inferences in favor of the factfinder’s conclusions, it was that, on April 20, 2000, the sellers and Belotte entered into a Real Estate Option giving Belotte the right to purchase 300 acres, more or less, described in the Option. The 300 acres referred to included an approximately 30-acre triangular tract shown on Tax Map 17 as Parcel 17. Belotte had approached Jeffery Adams about the property after seeing Adams’ ad in a local newspaper. Sellers acknowledge the ad included these 30 acres. Jeffery Adams showed the property to Belotte and indicated that it included the triangular 30-acre tract, which he believed he and his mother and sister owned. This belief was based on a deed into the sellers’ predecessor in title which described that 30-acre tract.

Adams v. Belote

A property buyer was entitled to breach of warranty damages where his attorney erroneously informed that the sellers owned the property in question after he informed the attorney of a potential title problem.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report