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Property Keyed to Chase
Ferguson v. Caspar
Citation:
359 A.2d 17 (D.C. 1976)Facts
On November 18, 1972, Ida Caspar entered into a contract to sell her unrestored row house to the Fergusons for $23,000, with settlement to occur by February 1, 1973. The contract required Caspar to convey the property free of municipal violations. In October 1972, Caspar had been served with a notice of 126 Housing Code violations. The Fergusons discovered these violations in January 1973 and obtained an estimate of $6,125 to correct them but did not inform Caspar. At the February 1 settlement meeting, all parties signed settlement statements, Caspar executed her deed, and the Fergusons delivered their personal check for the balance due. As the parties were concluding, the Fergusons’ attorney presented letters demanding that $6,125 be held in escrow until the violations were corrected. The title company representative stated they could not proceed with settlement under these conditions. The parties left without resolution, and the title company eventually returned the Fergusons’ check and Caspar’s deed. Caspar subsequently sold the property to the McAteers.
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