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Scott E. Mollen Scott E. Mollen

Development—Counterclaims for Breach of Contract, Anticipatory Repudiation, Fraud in the Inducement and Breach of the Implied Covenant of Good Faith and Fair Dealing Dismissed

A plaintiff seller (seller) had moved to dismiss counterclaims asserted by a defendant purchaser. The court granted seller’s motion.

In July 2015, the seller agreed to sell to the purchaser approximately 22 acres of land, for a residential development project “consisting in not less than thirty-five units (project).” The contract provided for a due diligence period of 90 days and an “approvals contingency date” (ACD), by which the purchaser had to obtain required governmental approvals necessary to construct the project. The purchaser could extend the ACD for 6 months on written notice before its expiration. If the purchaser failed to obtain the necessary approvals by the ACD, either party could terminate the contract.

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