This decision involved an action for breach of contract relating to the purchase of a two family home. The contract of sale (contract) was executed on or about March 12, 2022. However, it wasn’t signed by the seller until or about June 9, 2022. The purchase price was $900,000. The purchaser paid a $31,500 deposit.

A mortgage contingency clause (MCC) permitted the purchaser to finance up to $720,000. The closing date was to be “60 days from receipt of the executed contract by the purchaser’s attorney.” That closing date would have been “around mid-August of 2022.”