Legal Opinion
Biersbach v. Landin, Ltd.
District Court of Appeal of Florida
Decided August 29, 1984No. 83-1840PublishedCited by 3 opinions
1Opinion of the Court
DELL, Judge.
The buyers appeal from an adverse summary judgment in their action to recover the deposit they paid in a real estate transaction. We reverse and remand.
In March of 1981, appellants entered into a contract for the sale and purchase of a *780garden apartment. They paid a total deposit of $5,990. Appellee’s form contract contained the following handwritten clause regarding financing:
12(g) Should the Purchaser fail to obtain a loan the Seller agrees to refund all deposit monies, provided that the Purchaser has made a diligent effort to obtain said loan from three lending institutions.
In…
2Cases cited3 opinions
- Fieldstone v. ChungDistrict Court of Appeal of Florida · 1982
- Merritt v. DavisDistrict Court of Appeal of Florida · 1972
- Allington Towers North, Inc. v. TeichDistrict Court of Appeal of Florida · 1977
3Cited by3 opinions
- J.B. Van Sciver Co. v. William Cooper Associates, Inc. (In Re J.B. Van Sciver Co.)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Arthur Rutenberg Corp. v. PasinDistrict Court of Appeal of Florida · 1987
- Quirch v. CoroDistrict Court of Appeal of Florida · 2003