This case study highlights how a real estate attorney in Queens NY successfully obtained a judicial declaration that a residential and mixed use property sale contract was void due to the buyer’s failure to satisfy essential contractual conditions. The matter demonstrates how New York courts analyze contract formation, consideration, and intent to perform under state contract law. Through early factual development and targeted legal argument, the seller was able to protect ownership rights and eliminate lingering contractual risk.
1. Real Estate Attorney in Queens NY Client Case Background
The client, a long time property owner in Queens, New York, agreed to sell a parcel of land with an attached commercial structure to an individual buyer who represented that financing had already been secured. The parties executed a written real estate purchase agreement setting forth a structured payment schedule and a defined closing timeline. Shortly after execution, however, the transaction began to unravel due to the buyer’s nonperformance.
Property Transaction and Payment Structure
The agreement provided for a total purchase price of ten million dollars, with ten percent payable as a contract deposit on the execution date, followed by an interim payment within thirty days and final payment at closing.
Under New York contract principles, the deposit was a material term of the agreement and strong evidence of the parties’ mutual intent to be bound, rather than the sole basis for consideration.
Despite repeated assurances, the buyer failed to transmit the deposit by the agreed deadline.
2. Real Estate Attorney in Queens NY Breach Indicators and Legal Risk
As weeks passed, the buyer neither delivered the deposit nor complied with the interim payment schedule, raising serious concerns regarding the enforceability of the agreement. The seller faced uncertainty regarding the property’s continued marketability of the property while the buyer remained noncommittal. A real estate attorney in Queens NY was retained to evaluate whether the contract had legally come into force.
Failure of Consideration under New York Law
Under New York law, a real estate contract requires mutual assent and valid consideration to become enforceable.
New York courts have recognized that when a required deposit constitutes a material term or a condition precedent under the contract, nonpayment may demonstrate a lack of intent to perform or constitute a material breach permitting termination.
The attorney documented the absence of any payment and demonstrated that the buyer failed to satisfy a contractual condition precedent tied to enforceability and performance.
3. Real Estate Attorney in Queens NY Litigation Strategy
Following a comprehensive review of communications, payment records, and the written agreement, counsel initiated an action in the Supreme Court of the State of New York seeking a declaratory judgment. The legal strategy focused on demonstrating that the buyer’s conduct showed an absence of good faith intent to perform.
Evidence of No Intent to Perform
The attorney presented records showing repeated missed deadlines, inconsistent explanations regarding financing, and extended periods of nonresponse.
Under CPLR § 3001 and longstanding New York contract case law governing real estate transactions, such conduct supported declaratory relief confirming that the agreement was unenforceable and properly terminated.
The court was asked to confirm that the seller remained the lawful owner free of contractual encumbrance.
4. Real Estate Attorney in Queens NY Case Outcome
The court granted declaratory relief, holding that the real estate purchase agreement was unenforceable and properly terminated due to the buyer’s failure to satisfy material contractual conditions and demonstrate intent to perform. As a result, the client retained full ownership rights and was legally free to remarket or retain the property without risk of future claims. This outcome underscores the importance of early legal intervention by a real estate attorney in Queens NY when contractual performance breaks down.
