- 4 - Petitioners did not complete the purchase because they believed that the Hewitts were required to repair the property in order to meet city inspection codes.3 Petitioners investigated outside financing and were advised informally by two or three mortgage companies that financing would not be approved if the Foxbriar property failed to meet city inspection codes. To avoid what they believed would be a futile gesture, petitioners never formally applied for financing and, thus, were never approved or denied financing.4 The closing did not take place; consequently, the earnest money contract expired on June 30, 1991. Petitioners, however, continued in possession of the Foxbriar property and continued making the $1,000 monthly lease payments to the Hewitts.5 Petitioners made their final lease payment to Mrs. Hewitt on April 10, 1992. During the period from September 1991 to April 3 Under the earnest money contract, the Hewitts were not responsible for any repairs exceeding $1,500 in the aggregate. 4 The earnest money contract stated that "On Seller’s receipt of all loan approvals and inspection reports, Seller shall commence repairs". Petitioners never presented the Hewitts with any loan approval. 5 The lease signed pursuant to the lease option stated that, after June 30, 1991, the lease would automatically continue on a month-to-month basis absent written notification of termination by either party. As of Sept. 1991, the payments were made out to Mrs. Hewitt only, at her instruction. Mrs. Hewitt informed petitioners that Mr. Hewitt had left her, and she had no knowledge of his whereabouts.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011