BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)

Citation: BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)
Parent Document: BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)
Jurisdiction: DC (municipal)
Effective Date: 2009-11-19
Original Source: https://www.courtlistener.com/opinion/2344963/bsa-77-p-street-llc-v-hawkins/ ↗

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. Despite appellees' contentions, our recent holding in Psaromatis v. English Holdings I, L.L.C., 944 A.2d 472 (D.C.2008), is consistent with the trial court's finding here. In Psaro-matis, the owner of an apartment complex (English Holdings) entered into an agreement with a buyer (Psaromatis) to sell him the complex. The agreement stated that Psaro-matis' obligation to close was conditioned on English Holdings’ conveying insurable title, and Psaromatis would be entitled to the return of his security deposit if English Holdings failed to convey such title. English Holdings was not able to deliver title free of claims because of a possible action by the building's tenants to exercise their TOPA rights. Psaromatis sued to obtain the return of his security deposit. Because obtaining insurable title was a condition precedent to Psaromatis' obligation to close, we found that his obligation under the contract was discharged and his security deposit should be returned. 944 A.2d at 485. Similarly, in this case, because obtaining a partial mortgage *995release was a condition to BSA's obligation, BSA’s obligation under the contract was discharged when the contractual condition failed to occur. --- 030concurrence by Thompson --- THOMPSON, Associate Judge,
concurring:

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