Torgerson v. One Lincoln Tower, LLC

¶1 — We are asked to determine whether a real estate contract can limit buyers’ remedies for breach to the return of their deposits and certain money spent on improving the property. Petitioners are licensed real estate agents for a condominium development who also bought residential units there. As condominium buyers, the agents want the court to strike down a contract clause that limited their remedies in case of sellers’ breach to the return of their deposits, or “earnest money,” and any nonrefundable sums paid to third parties to improve their units.

¶2 The real estate agents argue the…