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Property Keyed to Chase
Kutzin v. Pirnie
Citation:
124 N.J. 500, 518 (1991)Facts
On September 1, 1987, the Pirnies signed a standard-form real estate contract to purchase the Kutzins’ home in Haworth for $365,000. The contract included an attorney-review provision allowing either party’s attorney to disapprove the contract within three days. The Pirnies paid a $1,000 initial deposit and later provided the remaining $35,000 deposit. During the attorney-review period, the Kutzins’ attorney requested to hold the deposit in his trust account, and the Pirnies’ attorney proposed amendments to the contract. Neither attorney formally disapproved the contract during the three-day review period. After negotiations between attorneys continued beyond the review period, the Pirnies decided not to purchase the property and requested the return of their deposit. The Kutzins refused, sued for specific performance, and later amended their complaint to seek damages after selling the house to another buyer for $352,500.
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