Malus v. Hager

The opinion of the court was delivered by

WEFING, J.A.D.

Defendants Kenneth and Jean Hager appeal from the trial court’s grant of summary judgment in favor of plaintiffs Richard and Rosemarie Malus. We reverse.

The parties executed a contract dated March 3, 1996 under which plaintiffs agreed to purchase the Hagers’ home in Tinton Falls, New Jersey for $140,000. Their contract contained a clause for attorney review; both parties were represented by counsel. Plaintiffs paid a deposit of $7,000, held in the trust account of Hagers’ attorney. Paragraph C(iii) of the contract reads in pertinent part:

I…