Cechulski v. Halifax Builders, Inc.

Plaintiffs, purchasers under a contract for the sale of a single family residence, commenced this action to recover the balance of their contract deposit retained by defendants, the seller and selling realtor. Defendants counterclaimed alleging in their first count that plaintiffs breached their obligation “to make a good faith effort to secure a mortgage loan in the amount of $150,000.00.” The trial court granted summary judgment in favor of defendants “forfeiting the entire deposit paid by the plaintiffs as damages to be paid to defendants.” Plaintiffs appeal and we now reverse.

In their…