Tag Archives: sale

Real Property – Restrictive Covenants – Assessments – Declarant – Sale – Belated Assignment (access required)

Highlands Property Owners Association, Inc. v. Shumaker Land, LLC Both the declarant and its successor-in-interest were exempted from the development’s annual assessments “if the instrument of sale or assignment expressly so provides….” An “assignment” of the declarant’s rights to its successor-in-interest was ineffective because it was made 14 months after the sale of the property, when the declarant had no interest in the property left to convey.

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Contract – Rescission – Unjust Enrichment — Real Property – Sale – Earnest Money & Extension Fees — Attorney’s Fees (access required)

JASDIP Properties SC, LLC v. Estate of Richardson Where a jury determined that neither party breached a contract which called for plaintiff to buy a commercial property from defendant, the trial court should have required the defendant-seller to return $215,000 in earnest money and fees to the plaintiff-buyer. We reverse and remand the trial court’s denial of the buyer’s unjust enrichment and attorney’s fees claims.

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Tort/Negligence – Conversion & Unjust Enrichment – Personal Property – Gift – Sale — Bailment – No Demand (access required)

Meehan v. Newton Even though plaintiff claims his father made a gift to him of personal property stored at plaintiff’s grandmother’s home, there was no completed gift because plaintiff never took actual possession of the property. We affirm the trial court’s grant of directed verdicts for defendants.

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