Buckley v. Turner Heritage Homes, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that trial court did not err in granting summary judgment on the plaintiffs claim for rescission because the plaintiff did not notify the defendant of her intent to rescind the contract until ten months after discovering the problems
• buyer waived her claim to rescind sales contract when she waited ten 4 months to rescind following her discovery of defects in house
• “[T]he aggrieved party must adhere to the intent to rescind and may waive any claim for rescission by failing to do so.”
• generally, fraud cannot be based on promises to perform some act in the future, but an exception exists where a promise is made with a present intent not to perform
• delay of ten months in electing rescission resulted in waiver of that claim
• ten-month delay before seeking rescission was unreasonable as a matter of law

Source: CourtListener parenthetical corpus (CC0).