Altman v. Mesbahi

This is an action by plaintiff Aan Atman (“Atman”), as seller, to retain a $15,800.00 deposit paid by defendants Embarik and A iza Mesbahi (the “Mesba-his”) toward the purchase of a condominium in Boston. Atman has appealed the entry of summary judgment in the Mesbahis’ favor.

The parties’ July 28, 1997 purchase and sale agreement contained a mortgage contingency clause which required the Mesbahis to apply for “a conventional bank *131or other institutional mortgage loan of $126,400.00 at prevailing rates, terms and conditions.” The Mesbahis were entitled to terminate the agreement and recover…