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Liquidated damages -Georgia

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av8ir

Junior Member
What is the name of your state?What is the name of your state? Georgia
A neighbor threatened to sue me for trespassing for a fence on his property that he says is mine if I dd not swap property. I just bought the house. I agreed to swap property and an agreement was signed each had to put up a fence and if either person was in violation beyond a specified time period "each agree to pay for each day beyond the deadline for the completion of the renovation ,they would pay liquidated damages in the amount of one hundred dollars per day."
The question is, if he violated the agreement deadline does he owe the money or does he owe it only if I loss money because he did not have it completed ,like loss of rental income.
thank you Glenn
 


HomeGuru

Senior Member
av8ir said:
What is the name of your state?What is the name of your state? Georgia
A neighbor threatened to sue me for trespassing for a fence on his property that he says is mine if I dd not swap property. I just bought the house. I agreed to swap property and an agreement was signed each had to put up a fence and if either person was in violation beyond a specified time period "each agree to pay for each day beyond the deadline for the completion of the renovation ,they would pay liquidated damages in the amount of one hundred dollars per day."
The question is, if he violated the agreement deadline does he owe the money or does he owe it only if I loss money because he did not have it completed ,like loss of rental income.
thank you Glenn

**A: read the court ordered judgement for yourself. It's in there.
 

av8ir

Junior Member
There is no judgement yet, we never went to court,I agreed to swap property.And we signed an agreement that each would put up a fence to certain requirments, his donot meet the requirements.
 

HomeGuru

Senior Member
av8ir said:
There is no judgement yet, we never went to court,I agreed to swap property.And we signed an agreement that each would put up a fence to certain requirments, his donot meet the requirements.

**A: ok, what did your attorney say about this? You know, the one that helped review the papers that you signed.
 

av8ir

Junior Member
Im still waiting to hear back from him, he is waiting from the other party for a response. But If the individual that sued me to extort this small piece of land from me and there is in fact the $100 a day penelty in liquidated damages Im in no hurry for him to rush with the inspection report and fix it even though I know it is not in compliance ,when the agreemnt says the fence will be 6 foot tall and it is 5 !/2 for some portion of it I would think that would not be in compliance. The question is what does liquidated damages mean in Georgia if it was spelled out with the amount and the time it starts.
 

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