AHL v. RSM DEVELOPERS & ASSOCIATES LTD.

No. 81-808.

418 So.2d 471 (1982)

Jeffrey AHL and Rebecca Ahl, His Wife, Appellants, v. RSM DEVELOPERS & ASSOCIATES LIMITED and Rsm Developers, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

September 1, 1982.


Attorney(s) appearing for the Case

Arthur M. Wolff of Wolff & Gora, P.A., Fort Lauderdale, for appellants.

Peter B. Weintraub of Shapiro, Leder, Kimler, Entin & Werksman, Deerfield Beach, for appellees.


LETTS, Chief Judge.

A contract purchaser who was unable to close on a house sale, seeks a return of his deposit claiming he made a reasonable, albeit unsuccessful effort to carry out the contingency contained in the contract. The trial judge disagreed and ordered a forfeiture. We reverse.

The purchase agreement clearly provided that the buyer had to obtain his mortgage financing from the particular lender from whom the seller/builder had obtained his construction...

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