Seller v. Purchaser: Forfeiture of Deposit Due to Purchaser's Failure to Diligently Pursue Building Permits
Synthèse Legislator
Généré par l'IAA contract was formed for the sale of land contingent upon obtaining necessary building permits, and the purchaser subsequently failed to diligently pursue the permits, leading the seller to demand the contract be terminated and the deposit forfeited, despite the permits ultimately not being obtained. The court held that the seller was entitled to terminate the agreement and retain the deposit because the condition precedent (obtaining permits) was not met due to the purchaser's failure to diligently pursue the administrative process, as the purchaser had an obligation to act reasonably and effectively to secure the required authorization for the sale to proceed.
Regeste Legislator
Généré par l'IASeller v. Purchaser: Forfeiture of Deposit Due to Purchaser's Failure to Diligently Pursue Building Permits: The court held that the seller was entitled to terminate the agreement and retain the deposit because the condition precedent (obtaining permits) was not met due to the purchaser's failure to diligently pursue the administrative process, as the purchaser had an obligation to act reasonably and effectively to secure the required authorization for the sale to proceed.