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The agreement is made in advance of the party ever breaching the contract and are a reasonable pre-estimate of a partys actual damages. In addition, we reverse the grant of summary judgment to the Broker on its claim for its commission under the Contract, and remand that issue to the trial court for jury resolution. Georgia law creates a few limited exceptions that persons performing brokerage activities be licensed. Laseter , 251 Ga. at 180 (2), 304 S.E.2d 72. Contact our attorneys online or by calling (404) 373-4008 to schedule your confidential consultation. When that is the case, such as in disputes over parcels of real estate, the injured party may seek other remedies, like a court order demanding that the other party complete the performance promised in the contract. A plaintiff is more likely to obtain an order of specific performance in a real estate sale dispute than in many other types of litigation actions. Seth Weissman, GAR's general counsel, frequently takes calls from REALTORS across the state regarding legal matters in the real estate industry. Shreeve, 65 Ariz. at 39, 173 P.2d at 644 (citation omitted). See Peachtree on Peachtree Investors , 251 Ga. at 697 (2), 308 S.E.2d 825 (holding that, under the circumstances presented, the trial court did not err in finding that money damages constituted an appropriate relief and in denying the plaintiff's claim for specific performance as a result); Liberty Capital , 338 Ga. App. Fulton Georgia Complaint for Specific Performance of Real Estate Contract. A question exists regarding whether agreements with automatic renewal provisions provide for expiration. Responding to an Offer to Purchase Your Home, Buying and Selling a Home Using a Land Contract. 29.1 Licensee's Role. A first lien has a higher priority than other liens and gets first crack at the sale proceeds. Executive acknowledges and agrees that the Company's remedies at law for a breach or threatened breach of any of the provisions of Section 9 or Section 10 would be inadequate and the Company would suffer irreparable damages as a result of such breach or threatened breach. Specific performance, if awarded by a court, means that a reluctant contractual party is ordered by the court to perform as it had promised within the underlying agreement.