Brantley v. Wilso

2006 WL 436121 (2006)

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Nature of the Case

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Facts

D owns the parcel of real property that is approximately 37 acres. P contacted D by telephone to determine whether the Property was for sale, and if so, at what price. D informed P that the property was for sale, and was priced at $ 10,000 per acre, or $ 370,000 for the parcel. P and D began communicating about the Property, exclusively by e-mail, beginning on February 7, 2005. In the emails, P and D agreed to a purchase price of $370,000, in cash at the time of closing, with closing costs to be split 50/50. No closing date was set. P stated that he would not have trouble obtaining financing. P requested a survey of the property. The parties did not discuss a deposit of earnest money in connection with the sale. The parties did not discuss whether P would be taking title to the Property in fee simple absolute, or whether Ds would retain the mineral interests. On February 18, 2005, P signed a real estate contract prepared by their attorney and forwarded it to Wilson. D has not signed this contract. On February 20, 2005, D notified P that she was not willing to sell the Property for $10,000 per acre. P filed suit for specific performance and placed a lis pendens against the Property on May 4, 2005. D contends that the parties never entered into a contract because certain elements essential to the formation of a contract are missing from their e-mails. Both parties moved for summary judgment.