Legal Question in Real Estate Law in Georgia

I have purchased my home in March of 2008 and at that time there was a pending Siding Claim on the house. With the contract of the house, it was understood by all parties that because the claim was filed by the prev home owner the check would come in her name when the amount was determined. The prev home owner would then need to sign over the check to us, the current home owner to allow for any damages to be repaired. Over a year and half went by with no response from prev owner. I recently called the Claims office and they stated the Claim had been completed and sent out to the name on the Claim(prev owner). Now I would not only like to have the funds of that check signed over to me(as it should have been done already), but I would like her to have some kind of punishment for breach of contract and for making me feel violated. What can be done legally?


Asked on 8/07/09, 4:04 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

If the other party breached the contract, you have a breach of contract claim. Punitive damages are a rarity in any breach of contract case and are generally not allowed. Language like "feel violated" adds absolutely nothing to a breach of contract claim.

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Answered on 8/12/09, 4:09 pm


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