Abalos v. Cyfred

In Abalos v. Cyfred, 2006 Guam 7, the Abaloses purchased land from Cyfred. The Land Purchase Agreement provided that Cyfred was to provide sewer, power, and water lines to the property. Id. Cyfred failed to connect the water, power and sewer lines when the deed was delivered, but the Abaloses took possession of the property. Id. 3. Subsequently, the Abaloses filed a complaint, and in count one sought rescission of the purchase agreement for breaches of promises and warranties pursuant to 21 GCA 60314, and recovery of damages, costs and attorney's fees. Id. 6. In addition, the Abaloses sought damages under the DTPA. Id. 6 n.4. The trial court ordered summary judgment on count one of the complaint. See id. 8. On appeal, Cyfred argued that the claims for damages were inconsistent with a claim for relief by rescission, and the Abaloses could not "rescind for breach of contract and at the same time recover damages under the breach." Id. 53 . The Court found that "the trial court may, in addition to restitution, award money damages or such other relief as justice may require." Id. 54. Title 21 GCA 60314 provides in pertinent part: (f) If the transferor agrees to make water or power or sewer available to the property, such shall be stated in the document transferring an interest in the property, and such hookup shall be made available to the property by the transferor within one (1) year or such lesser time as may be agreed upon between transferor and transferee. Failure to make power or water or sewer available to the property within one (1) year or such lesser time as agreed upon will result in the transferee being allowed, at his option, to: (1) rescind the transaction and recover all money paid, reasonable interest, and reasonable costs and attorney's fees; or (2) recover from the transferor all amounts required to make the promised utilities available on the property, plus all related costs and reasonable attorney's fees. ailure to put the promise to make a utility available in the document transferring an interest in the property shall not be a defense raised by the transferor.