Burningham v. Westgate Resorts, Ltd.

BENCH, Senior Judge:

11 Westgate Resorts, Ltd. (Westgate) appeals from the district court's entry of summary judgment in favor of Jeff Burningham in Burningham's action for the return of $89,900 that he had paid to Westgate as a deposit on the purchase of a condominium unit. We affirm.

BACKGROUND

T2 In 2006, Burningham and Westgate entered into a real estate purchase contract (the REPC) whereby Burningham agreed to purchase a Park City condominium unit from Westgate for $899,000. Pursuant to the REPC, Burningham made a 10% deposit of $89,900, which was to be retained by West-gate as liquidated…