Alfeo v. Dinsmore

This case, arising from a dispute over the return of the plaintiff buyer’s deposit under a residential real estate purchase and sale agreement, centers on whether the plaintiff had met her obligation under the mortgage contingency clause to “apply for a conventional bank or other institutional mortgage loan.” A Superior Court judge determined that the plaintiff had *250done so. We conclude that the judge was correct as matter of law on the summary judgment record, and also properly rejected various attendant claims.

Background. In late 2002, the plaintiff, Gina Alfeo, and her fiancé were looking…