context: The contract provided in part that if the purchaser failed to obtain financing, "[purchaser shall not be entitled to a refund of its earnest money deposit." But where a contract is held unenforceable, the contract's "provision concerning forfeiture of the funds is also unenforceable."
citation_a.signal: see also
citation_a.parenthetical: "without a binding contract there can be no breach, ergo no damages for a breach"
citation_a.sentence: O’Dell v. Pine Ridge Investments, LLC, 293 Ga. App. 696, 700 (667 SE2d 912) (2008); see Gateway Family &c. v. H.O.P.E. Foundation Ministries, 244 Ga. App. 286, 288 (2) (535 SE2d 286) (2000) (buyer entitled to return of earnest money where property description in sales contract inadequate); see also Woodall v. Williams, 176 Ga. 343, 347 (167 SE 886) (1933) (“without a binding contract there can be no breach, ergo no damages for a breach”). As we have held in Division 1 that the real estate sales contract was unenforceable, the provision concerning the earnest money is also unenforceable.
citation_b.signal: see
citation_b.identifier: 244 Ga. App. 286, 288
citation_b.parenthetical: buyer entitled to return of earnest money where property description in sales contract inadequate
citation_b.sentence: O’Dell v. Pine Ridge Investments, LLC, 293 Ga. App. 696, 700 (667 SE2d 912) (2008); see Gateway Family &c. v. H.O.P.E. Foundation Ministries, 244 Ga. App. 286, 288 (2) (535 SE2d 286) (2000) (buyer entitled to return of earnest money where property description in sales contract inadequate); see also Woodall v. Williams, 176 Ga. 343, 347 (167 SE 886) (1933) (“without a binding contract there can be no breach, ergo no damages for a breach”). As we have held in Division 1 that the real estate sales contract was unenforceable, the provision concerning the earnest money is also unenforceable.