Scaramuzzino v. Larkin

This action was brought by plaintiffs, the purchasers of real property, against the defendant, Eva Larkin, the seller of the property and against the defendant, Sexton Co., Inc., real estate broker, who negotiated the sale as *840agent of the seller. The purpose of the action was to recover the down payment of $300 which plaintiffs paid to the broker as part payment of the purchase price. The down payment was retained by the real estate broker.

Under the terms of the contract, the sale was made contingent upon the purchasers being able to secure an FHA-insured mortgage loan in the amount of…