June 23, 2008

Mortgage contingency clauses.

Practice point: Where a contract for the sale of real property contains a mortgage contingency clause, purchasers are entitled to recover their down payment if the mortgage is not approved, as long as they made a genuine effort to secure mortgage financing and acted in good faith.

Case: Astrada v. Archer, NY Slip Op 04819 (2d Dept. 2008)

Click here for the uncorrected opinion.