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Must A Real Estate Buyer Be ‘Ready, Willing And Able’ To Close The Purchase Of Real Estate In Order To Claim Damages From A Seller That Has Repudiated The Contract Of Sale? The New York Court Of Appeals Says Yes.
In Pesa v. Yoma Development Group, Inc., No. 3, NYLJ 1202541875877, at *1 (NY Ct. of App., Decided February 9, 2012), New York State's highest court, the New York Court of Appeals, held that a real estate buyer must be 'ready, willing and able' to close on the purchase of real estate in order to claim damages from a seller that has repudiated the contract of sale.
Blank Rome LLP
