Bruyere v. Jade Realty Corp.

The issue herein is whether the plaintiffs are entitled to recover their deposit upon a piece of real estate, where the obligations under the purchase and sale agreement were made subject to the buyers’ obtaining of bank financing and such financing was first granted but then subsequently revoked due to the plaintiffs’ decision to file for divorce. For the reasons which follow below, we hold that the plaintiffs are not entitled to the return of their deposit.

The plaintiffs deposited $1,000 with the defendant in accordance with a purchase and sale agreement between the parties for a piece of…