MARION W. BOWERS AND SANDRA BOWERS, HIS WIFE, APPELLANTS,
v.
FERNANDO A. MEDINA AND MIRNA MEDINA, HIS WIFE, APPELLEE
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A party's failure to cooperate, preventing contract performance, estops them from claiming non-performance.
Purchasers agreed to buy a home, paying a deposit and obtaining an FHA loan. Sellers prevented the appraisal necessary for the loan and refused to mak…
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FERGUSON, Judge.
Appellants bring this appeal from a Final Judgment ordering specific performance of a contract to sell their residential home for $45,000.00. By terms of the contract appel-lee-purchasers were to pay a deposit of $4,500.00 and obtain a FHA mortgage loan for the balance of $40,500.00. Appellees paid the deposit but were prevented by appellants from performing their remaining obligation; appellants refused to make the property available for the appraisal which was a prerequisite to the FHA loan commitment.1
An established contract principle is that a party’s good-faith cooperation is an implied condition precedent to performance of the contract; where that cooperation is withheld, the recalcitrant party is estopped from availing himself of his own wrong doing. Holston v. Bernal, 407 So. 2d 332 (Fla. 3d DCA 1982); Fernandez v. Vasquez, 397 So. 2d 1171 (Fla. 3d DCA 1981); Waters v. Key Colony East, Inc., 345 So. 2d 367 (Fla. 3d DCA 1977).
The trial court was also correct in rejecting the defense that without the funds to pay the full purchase amount appellees were not ready, willing and able buyers. In equity the requirement of a tender of purchase money means a readiness, willingness, and ability in good faith to perform the acts required by terms of the agreement provided the other party will concurrently do the things which he is required by the contract to do, and notice by the former to the latter of such readiness, willingness and ability. Martin v. Albee, 93 Fla. 941, 113 So. 415 (1927); 330 Michigan Avenue, Inc. v. Cambridge Hotel, Inc., 183 So. 2d 725 (Fla. 3d DCA 1966). Appellees had continually asserted a readiness, willingness and ability to obtain the loan required by the contract.
Appellant’s remaining points are without merit.
Affirmed.
. Appellees had previously obtained a firm FHA commitment which expired while appellants were in litigation to remove an encumbrance on title.
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PL Lake Worth Corp. v. 99CENT Stuff-Palm Springs, LLC, 949 So. 2d 1199 (Fla. 4th DCA 2007)…reme court recognized in Sharp, and which is explained more thoroughly by Judge Van Nortwick in his comprehensive opinion in Cox v. CSX Intermodal, Inc., 732 So. 2d 1092 (Fla. 1st DCA 1999). An analogous situation was presented in Bowers v. Medina, 418 So. 2d 1068 (Fla. 3d DCA 1982), in which a contract for the sale of a residence required the purchasers to obtain a mortgage loan for a specific amount. The owners, however, refused to make the property available for the appraisal, which was necessary for the p…
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Ali A. Mirzataheri v. FM E. Developers, LLC, 193 So. 3d 19 (Fla. 3d DCA 2016)…pecific performance of a homestead property); Shedd v. Luke, 299 So. 2d 58, 59-60 (Fla. 1st DCA 1974)- (stating that it is settled law in Florida that [*22] two witnesses are required to obtain specific performance of a homestead); Bowers v. Medina, 418 So. 2d 1068, 1069 (Fla. 3d DCA 1982) (affirming judgment ordering specific performance of a contract to sell residential home); Carroll v. Dougherty, 366 So. 2d 843, 843-46 (Fla. 2d DCA 1978) (affirming .. summary judgment granted in favor of the purchasers who…
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A.J. Larrea v. Kina Invs., Inc., 481 So. 2d 1255 (Fla. 3d DCA 1986)…fault. A party’s good faith cooperation is an implied condition precedent to performance of a contract. Where that cooperation is unreasonably withheld, the recalcitrant party is estopped from availing itself of its own wrongdoing. Bowers v. Medina, 418 So. 2d 1068 (Fla. 3d DCA 1982); Fernandez v. Vazquez, 397 So. 2d 1171 (Fla. 3d DCA 1981). Appellee admits that the two findings, i.e., that Kina’s loss of net income was caused by Kina, and that Larrea’s second mortgage should be cancelled, are inconsistent. F…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martin v. Albee, 93 Fla. 941 (Fla. 1927)
- Fernandez v. Vazquez, 397 So. 2d 1171 (Fla. 3d DCA 1981)
- 330 Mich. Ave., Inc. v. Cambridge Hotel, Inc., 183 So. 2d 725 (Fla. 3d DCA 1966)
- Waters v. KEY Colony E., Inc., 345 So. 2d 367 (Fla. 3d DCA 1977)
- Green v. Green's Baptist Temple, Inc., 407 So. 2d 332 (Fla. 3d DCA 1981)