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Contracts Keyed to Burton
Pannone v. Grandmaison
Citation:
1990 WL 265273Facts
The Pannones (plaintiffs-buyers) contracted with Grandmaison (defendant-seller) for the purchase of a home. Their sales contract contained a contingency clause, which stated that the Pannones’ offer was contingent upon their approval of the result of home, termite, and radon gas inspections. The Pannonnes hired an inspector, whose inspection report revealed that the home contained radon, but not at such a level that would trigger concerns from the Environmental Protection Agency. But the home’s radon levels still presented risk “to the more sensitive occupants, of contracting lung cancer.” Mr. Pannone stated he was sensitive to the radon because of his exposure to radiation during his military service in the Korean War. The Pannones cancelled the sales contract and demanded the return of their $18,000 deposit for the home.
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