Sechrest v. Safiol
Supreme Judicial Court of Massachusetts
419 N.E.2d 1384 (Mass. 1981)
Safiol's (defendant) agreement to buy a vacant lot from Sechrest (plaintiff) was conditioned on obtaining all necessary building permits by a set date, but Safiol never actually applied for any permits, merely consulting a few architects and builders, before telling Sechrest he would not buy the lot and demanding his $3,800 deposit back; the trial court found Safiol acted in good faith and ordered the deposit returned.
Whether, if there is a provision in a contract to sell property that allows the buyer to cancel the sale if he cannot obtain all necessary permits and approvals from the government, the buyer is required to make reasonable efforts to obtain the permits and approvals.