Brief Fact Summary. An individual signed a contract and agreed to buy another individual's home. The purchasing party put down a deposit and the remaining balance was to be paid at closing. The purchasing party refused to go ahead with the transaction alleging title defects.
Synopsis of Rule of Law. "While a vendee can recover his money paid on the contract from a vendor who defaults on law day without a showing of tender or even of willingness and ability to perform where the vendor's title is incurably defective, a tender and demand are required to put the vendor in default where his title could be cleared without difficulty in a reasonable time."
Issue. Were the Plaintiff's objections concerning title to the Defendants' property curable?
• Is the Plaintiff entitled to recover their deposit from a defendant whose title flaws were readily curable?
• Did the Plaintiff demonstrate an entitlement to damages?
Held. Yes. The court agreed with the Appellate Division and found that "the objections to title were curable upon proper and timely notice and demand." Specifically, the Defendants had a permit to construct the swimming pool, but did not have a certificate of occupancy. This certificate was obtained prior to the Defendants selling the home to a third party. Additionally, the fence that encroached over they property line was also readily curable.
• No. The court first laid out the following rule: "While a vendee can recover his money paid on the contract from a vendor who defaults on law day without a showing of tender or even of willingness and ability to perform where the vendor's title is incurably defective, a tender and demand are required to put the vendor in default where his title could be cleared without difficulty in a reasonable time." The court concluded the Plaintiff's "advance rejection of title and demand for immediate return of the deposit was unjustified and an anticipatory breach of contract." As such, Plaintiff's position "prevented defendants' title defects from ever amounting to a default." Therefore, "plaintiff is barred from recovering the deposit from a vendor whose title defects were curable and whose performance was never demanded on law day."
• No. In order to recover damages in a real estate transaction a plaintiff must demonstrate they "performed all conditions precedent and concurrent, unless excused." Specifically as to real estate transactions, this "would be a showing of tender and demand or, if that be unnecessary, an idle gesture, because of the incurable nature of the title defect, then at least a showing at the trial that the plaintiff vendee was in a position to perform had the vendor been willing and able to perform his part." Here, "[t]he finding of the Appellate Division, supported by the weight of the evidence, that the defects were curable, means that defendants were basically able to perform and whatever technical inability existed in this regard on the law date was caused by plaintiff and is excused fully as much as the lack of formal tender."
A vendor is entitled to a reasonable time beyond law day to make his title good.View Full Point of Law