Prestenbach v. Collins

MAXWELL, J.,

for the Court:

¶ 1. Garrett Prestenbach Jr. seeks specific performance of an option contract to purchase Gerald Collins’s property. The problem is, at the time Prestenbach claims he validly exercised his option, he indisputably lacked the financing to purchase the property. So even if Prestenbach’s option-to-purchase contract had become a contract to sell, Prestenbach is not entitled to the remedy of specific performance because he cannot show he was “ready, willing, and able” to purchase the property *556within a reasonable time following the option period. We thus affirm the…