Brakebill v. Hicks

In Brakebill v. Hicks, 259 Ga. 849, 852 (388 SE2d 695) (1990), the buyers purchased a condominium that they believed, based upon the representations of the seller's agent, included the use of an oceanfront deck and barbeque area. Id. at 850. Those, facilities, however, were not part of the condominium property. Id. Even though the agent's statements were incorrect, the buyers were not exempt from demonstrating that they exercised due diligence to discover the true boundaries of the property, which, in that case, they did not. Id. Because the Wolfs likewise failed to exercise due diligence as a matter of law in ascertaining the property line, they are not authorized to rescind the contract based upon the Middletons' alleged misrepresentations. Id. at 852.