Levine v. Peters

The plaintiffs brought suit to recover a deposit paid pursuant to an agreement to purchase residential real estate. In their two count complaint againstthe *106sellers, Nicholas Peters and Dinyse Peters, and ERA Hamil Realtors, the plaintiffs allege that they complied with a mortgage contingency clause in the purchase and sale agreement. The defendants (Peters) deny that the plaintiffs complied with the contingency provision and by counterclaim seek specific performance and retention of the deposit. After trial, the trial judge found for the plaintiffs in counterclaim (Peters) and awarded the…