Indoe v. Dwyer
Superior Court of New Jersey, Law Division
424 A.2d 456 (1980)
Christine Dwyer (defendant), signing on behalf of herself and her out-of-town husband, mistakenly believed she was submitting a mere bid rather than a binding contract to purchase the Indoes' (plaintiffs) house, but the standard-form contract was conditioned on approval by each party's own attorney except with respect to price and financing terms; the Dwyers' attorney reviewed the contract and found problems with provisions on inspections, timing, and conveyance of personal property, and on that basis withheld approval, causing the Dwyers to decline the purchase. The Indoes sued, and both sides moved for summary judgment.
Whether, where a real estate purchase contract's effectiveness is conditioned on each party's attorney approving it except as to price and financing terms, a purchaser may avoid the contract based on the attorney's disapproval of terms relating to inspections, timing, or conveyance of personal property.