Breach of Contract—Purchaser Breached Contract by Failing To Comply With Mortgage Contingency Clause—Purchaser Applied for a Larger Mortgage Than Permitted by the Clause—a Rider Which Permitted an FHA or Other Government Mortgage Did Not Modify the Mortgage Contingency Clause Limitation On the Size of the Mortgage That Purchaser Could Apply for—Seller Entitled To Keep Downpayment and Legal Fees Pursuant to Prevailing Party Legal Fee Provision—Seller Could Not Recover Costs of Work Done at Purchaser's Request—Contract Embodied a Liquidated Damage Provision

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."