Frank v. Tipco Homes, Inc.

By JUDGE JOHANNA L. FITZPATRICK

Plaintiffs seek to exercise their statutory right to void a Contract to Purchase Real Property. Oral argument on plaintiffs’ Motion for Summary Judgment was heard on March 23, 1990. For the reasons stated below, summary judgment is granted.

On January 19, 1989, Mr. and Mrs. Frank signed a standard contract to buy a lot on which Tipco Homes, Inc. ("Tipco") was to build a house. They paid a $20,000.00 "Deposit" along with $8,475.00 for "Extras." For various reasons, no closing was ever held on this property. The Franks have sued to get their $28,475.00 back,…