THOMAS v. MONTELUCIA VILLAS, LLC

No. CV-12-0156-PR.

302 P.3d 617 (2013)

Ralph THOMAS and Carolee Thomas, husband and wife, Plaintiffs/Appellees, v. MONTELUCIA VILLAS, LLC, a Delaware limited liability company, Defendant/Appellant.

Supreme Court of Arizona, En Banc.

June 14, 2013.


Attorney(s) appearing for the Case

Beus Gilbert PLLC By Franklyn D. Jeans , Tiffany E. Cale , Cassandra H. Ayres , Phoenix, Attorneys for Ralph Thomas and Carolee Thomas.

Lake & Cobb, P.L.C. By Joel E. Sannes , Kiel S. Berry , Blake Rebling , Tempe, Attorneys for Montelucia Villas, LLC.


OPINION

BRUTINEL, Justice.

¶ 1 Buyers of a new home anticipatorily breached the purchase contract and then sued to recover progress payments made to the seller during the home's construction. The contract provided that these payments were to serve as liquidated damages in the event of the buyer's breach. We hold that the defendant seller, in order to retain the payments, must prove that it was ready, willing, and able to perform under the contract....

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