Gill v. Wagner

OPINION

A seller of real estate was unable to convey a “good, clean, and marketable” title by the closing date specified in the written purchase and sale agreement. He allegedly agreed, however, to defer the closing to an unspecified date in the next year while he attempted to cure the title problem, but then reneged and purported to terminate the agreement. Under these circumstances, can the buyers place and maintain a lis pendens on the property while they seek specific performance of the parties’ purchase and sale agreement? For the reasons listed below, we answer this question in the…