Property Sale Contract Dispute: Deposit Forfeiture Upheld Due to Buyer's Default

A dispute arose concerning a contract for the sale of property where the buyer, having paid a deposit, sought rescission alleging the seller failed to provide a required building permit by the agreed-upon date, but the seller counterclaimed for forfeiture of the deposit based on a clause stipulating forfeiture upon the buyer's default. The court affirmed the dismissal of the buyer's claim, reasoning that the seller's obligation to produce the permit was conditional upon the buyer fulfilling their own obligation to present the necessary plans and documents for the application, which the buyer had failed to do, thereby constituting the buyer's default and justifying the retention of the deposit by the seller.