The plaintiffs brought a motion for summary judgment against the defendant purchaser after an aborted real estate transaction.
The defendant claimed she refused to close because the property was zoned W2 rather than residential as advertised on the MLS listing.
Following a mini trial to assess credibility, the court found text message evidence proved the defendant discovered the true W2 zoning before submitting her offer and was pleased with it.
The court concluded the defendant did not rely on the MLS representation, granted summary judgment to the plaintiffs, and awarded damages for the difference in resale price and carrying costs.
