Buyer Seeks Rescission Based on Seller's Failure to Obtain Pre-Sale Authorization

An individual, having entered into a contract to purchase a property, subsequently filed a suit seeking rescission of the sale, alleging that the seller had not fulfilled a necessary pre-sale obligation to obtain the authorization required for the transfer of ownership, even though the buyer was aware of this requirement when the agreement was made. The court rejected the appeal, reasoning that the stipulation requiring authorization constituted a condition precedent that was only binding upon the seller, and since the seller had not initiated the necessary proceedings to obtain it, the buyer could not use the seller's inaction to justify their own non-performance or claim rescission, especially given the buyer's prior knowledge of the requirement.