Background
Gillson Homes agreed to sell a lot and build a house for Chopra. Disputes over price increases led to the sale's collapse. Gillson sought a declaration of no binding contract and to discharge Chopra's caveat. Chopra counterclaimed for specific performance or damages.
Key Contract Provisions
- Price Change Clause: Price adjustments if material costs rise by more than 5%.
- Unique Property Clause: Allows specific performance claims.
- Entire Agreement Clause: Declares no collateral agreements unless included in writing.
Facts
- RPC signed on October 20, 2021, with a price of $635,000.
- Defendant paid $25,000 in deposits.
- Disputes arose over lumber price increases, leading to an alleged price hike of $95,000.
Issues
- Void for Uncertainty: Whether the RPC is void due to price uncertainty.
- Specific Performance: Whether this remedy is available, affecting the discharge of Chopra’s caveat and CLP.
Court's Decision
- Summary Judgment: Denied due to triable issues on the Price Change Clause and good faith obligations.
- Specific Performance: Not available due to lack of trust and potential need for court supervision.
- Caveat and CLP: Ordered discharged, as damages are an adequate remedy.
Costs
- Parties may apply for cost determination in morning chambers if no agreement is reached.
- The judgment does not specify a total monetary award, costs, or damages granted/ordered.
