Cohen v. Champlain Towers North Associates

FERGUSON, Judge.

Sylvia Cohen initiated this action seeking rescission of a Purchase and Sale Agreement and return of a cash deposit made towards the purchase of a one-bedroom condominium unit. The developer, Champlain Towers North Associates, counterclaimed seeking to retain the deposit. Plaintiff appeals from a final adjudication on the counterclaim that the developer is entitled to retain the $26,600 deposit because plaintiff anticipatorily breached the agreement. We reverse.

The selling price of the unit was $133,-000. The Purchase and Sale Agreement provided in part:

3. MORTGAGE. If the…