Kaye v. Block

In an action for breach of a purchase-sale agreement and a counter action for a broker’s commission, plaintiff-appellant Kaye, as seller, seeks review of an adverse final judgment entered by the court.

Defendant Block agreed to purchase plaintiff’s waterfront residence and a standard form deposit receipt, which called for a purchase price of $115,000 and a deposit of $11,500, was executed by the parties. The terms and conditions of the contract included the following:

“This offer to purchase is subject to competent inspections, at the purchaser’s expense, showing the premises to be free of…