Montgomery v. English

Montgomery v. English - Montgomery v. English 902 So 2d 836...

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Montgomery v. English 902 So 2d 836 (2005) Facts: Prospective purchaser of real property brought action for breach of contract against vendors. After the Montgomerys received English's offer, they made several changes to the document, including (1) deleting certain items from the personal property section of the contract; (2) deleting a provision regarding latent defects; (3) deleting a provision regarding building inspections; and, (4) adding a specific “As Is” rider. The Montgomerys signed their counteroffer FN1 and delivered it to English's real estate agent, Melanie Brown. Brown took the counteroffer to English later that same day. English initialed some, but not all, of the Montgomerys' suggested changes. Specifically, English did not initial the changes set forth by the Montgomerys in the personal property section of the document or explicitly confirm her acceptance of those terms by cover letter or otherwise. Brown thereafter faxed the document to the Montgomerys' attorney. Issues:
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This note was uploaded on 08/28/2010 for the course BUSE 140 taught by Professor Jefferies during the Spring '08 term at San Diego.

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Montgomery v. English - Montgomery v. English 902 So 2d 836...

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