The plaintiffs brought a motion for summary judgment after the defendants failed to close on a residential real estate transaction.
The defendants had entered into an agreement of purchase and sale for $2,250,000 but failed to pay the second deposit and repudiated the contract due to financing issues.
The plaintiffs relisted the property and eventually sold it for $1,770,000.
The defendants argued the plaintiffs failed to mitigate their damages by not relisting at a lower price immediately.
The court found no genuine issue requiring a trial, holding that the plaintiffs acted reasonably in their mitigation efforts, and granted summary judgment for the difference in sale price plus special damages.
