Cantor v. Hotchkiss

BARKDULL, Judge.

This is an appeal and a cross-appeal from a final order in an action for specific performance.

The buyers and seller signed a contract for sale of real property that had been improved with a residence and a swimming pool. Prior to the closing, the parties discovered that the pool and pool deck encroached upon the adjacent lot (also owned by the seller) and that certain of the improvements were in violation of city zoning ordinances as to setbacks. The closing occurred subject to the seller’s agreeing to have both lots surveyed and a corrected deed delivered to the buyers. This…