Building Sale Contract Termination Due to Buyer's Administrative Appeal of Permit Denial

A contract for the sale of a building, which was subject to a suspensive condition precedent requiring the buyer to obtain a building permit for a specific type of development, was deemed to have been automatically terminated when the buyer, instead of formally withdrawing due to the permit denial, initiated administrative appeals regarding the refusal, as this action demonstrated an acceptance of the finality of the refusal and therefore failed to fulfill the condition within the stipulated timeframe. The court reasoned that the buyer's appeal, while potentially aimed at obtaining the necessary permit, effectively constituted an assumption that the permit would not be granted under the initial terms, thus triggering the termination clause of the preliminary agreement without the buyer formally exercising their right to withdraw, rendering the seller's subsequent attempt to enforce the sale invalid.