The appellant appealed a motion judge's decision regarding a failed real estate closing.
The motion judge found that neither party was prepared to close on the agreed date, meaning the appellant could not unilaterally terminate the agreement.
The respondent was entitled to set a new closing date.
The Court of Appeal upheld the finding that the respondent was ready to close on the new date and that the representation regarding utilities reaching the lot line was a warranty, not a condition precedent.
The appeal was dismissed, with the closing date amended to May 10, 2010.
