June 12, 2023

Defaulting on a real estate contract.

A party to a contract cannot rely on another's failure to perform a condition precedent where he himself has frustrated or prevented the occurrence of the condition. Therefore, absent a breach on the part of the seller, a purchaser who defaults on a real estate contract without lawful excuse cannot recover its down payment.

Agosta v. Abraham, NY Slip Op 02934 (1st Dep't June 1, 2023)

Here is the decision.