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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (111)

Full Text

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While the parties' choice of contract language does not lend itself easily to a formulaic approach, no particular form of words is necessary to create an express condition. Washington Properties, Inc. v. Chin, Inc., 760 A.2d 546, 549 (D.C.2000). Additionally, words and phrases such as "if" or "provided that" qualifying a promise commonly indicate that the promise is expressly conditional on a specified event. Id. Here, the agreement by BSA to secure a partial mortgage release from the mortgagee was accompanied by the statement that "the Sales Contract shall be voidable at the option of either Purchaser or Seller if, on the Settlement Date, the mortgagee has not agreed to release the mortgage which encumbers the Property" (emphasis added). This is just the type of language the tenants argue is required for a statement of condition. It would appear that either party can avoid performance under the contract if a particular event, the mortgage release, does not occur.