Home > Appellate Division, Foreclosure, Law, Litigation, News > REAL ESTATE 34-2-2050 Deutsch v. Binet, App. Div. (per curiam)

REAL ESTATE 34-2-2050 Deutsch v. Binet, App. Div. (per curiam)

REAL ESTATE 34-2-2050 Deutsch v. Binet, App. Div. (per curiam) (28 pp.) http://www.scribd.com/doc/55092932 This matter involves a series of transactions among the parties involving the purchase of real estate on behalf of defendants whose low credit rating did not enable them to obtain mortgaging in the regular market. Defendants appeal the trial court judgment awarding plaintiff damages, declared him to be the owner of the property, awarded him any surplus proceeds in the event of a foreclosure sale of the property, ordered defendants to pay for the use and occupancy of the property and discharged two lis pendens filed by defendants. The court affirms, finding, inter alia, no justification for defendants’ failure to comply with the terms of a settlement agreement entered into by the parties after defendants in this action filed a complaint seeking a constructive trust to secure their interest in the property; plaintiff’s breach of the agreement was not material; the agreement’s confidentiality clause did not render it unenenforceable; it was not an unenforceable contract of adhesion; and the court’ failure to reinstate the third-party complaint involved here was error that was clearly not capable of producing an unjust result.

Advertisements
  1. No comments yet.
  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: