Owen v. Kessler

The lesson to be learned from this real estate deal gone bad is a simple one: a “time is of the essence” clause *467means that contractual deadlines will be strictly enforced. A waiver of a deadline will not be found unless one is demonstrated by the actions of the parties. See McCarthy v. Tobin, 429 Mass. 84, 88-89 (1999).

As Owen was deciding whether she could afford to purchase the property,3 Wardle himself was contemplating expansion. Deciding to expand, but wishing to remain anonymous, Wardle acted through a broker, Thomas Patten, and an attorney and friend from New York, Christopher Zito.…