Bathla v. 913 Market, LLC

Summary

The Court affirmed summary judgment for 913 Market, holding that Bathla was not excused from closing by either the possibility that InvestUSA might later assert an interest in the property or the title-insurance exception relating to InvestUSA. The purchase agreement required objective satisfaction of the property's title condition, not matching exceptions in Bathla's title commitment, and the prior buyer's potential claim was not a lien or encumbrance under the agreement. Bathla's failure to close therefore breached the agreement and entitled 913 Market to the deposit.