Bruggeman v. Jerry's Enterprises, Inc.

OPINION

CRIPPEN, Judge.

Appellant sellers challenge the trial court’s summary judgment, asserting that the merger doctrine does not apply to a provision in an option agreement that permitted them to repurchase the property if the buyer failed to develop it within two years. Because appellants’ repurchase right, which could only be claimed two years after the closing, was both a condition subsequent and collateral to the executed deed, we conclude thát the agreement does not merge with the deed, and we reverse and remand for a determination of whether the property was developed.

FACTS

In February…