Porkolab v. Smithbay Homes, Inc.

The sellers, Maritza Porkolab and Claudia Del Toro, appeal from a final order granting the defendants’ motion to dismiss. We affirm.

The sellers and the buyer, Smithbay Homes, Inc., entered into a contract for the sale of real property. At the time the parties signed the contract, the buyer tendered a $20,000 deposit which was to be held in escrow by John Thompson. Paragraph III of the contract specifically made the closing of this sale contingent upon the single family property being replatted so that it would be usable for two single family homes.

The buyer elected to terminate the contract…