Contracts—Seller Entitled to Keep Down Payment—Purchaser, With Help of High-Level Suffolk County Official, Encouraged Environmental Agency to Amend a Prior Letter to Bolster Purchaser’s Effort to Cancel the Contract—Bad Faith
A purchaser alleged that the seller had breached a contract of sale by failing to return the down payment upon the purchaser’s alleged termination of the contract. The purchaser claimed that the seller could not satisfy certain conditions precedent to closing. The seller claimed that it was ready, willing and able to close and that the purchaser had defaulted under the contract and the seller was entitled to retain the down payment.
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