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TOWN REALTY OF WEST FLORIDA v. DEMARAIS

No. 4D08-608.

998 So.2d 671 (2009)

TOWN REALTY OF WEST FLORIDA, INC., Appellant, v. Kris DEMARAIS and Kathleen Demarais, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 3, 2009.

Attorney(s) appearing for the Case

Douglas R. Bald of Fergeson, Skipper, Shaw, Keyser, Baron & Tirabassi, P.A., Sarasota and Harllee & Bald, P.A., Bradenton, for appellant.

James D. Ryan of Ryan & Ryan Attorneys, P.A., North Palm Beach, for appellees.

KLEIN, J.

The trial court entered a summary judgment in favor of the buyers under a residential real estate contract because a condition was not satisfied. We conclude the condition was waived and reverse.

The contract was for the purchase of a home site on which the seller was to construct a home, and the buyers signed the contract on June 22, 2006. The condition is:

TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this Agreement is not executed by both parties...

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