Background

• Benny and Joy Osajie (plaintiffs) entered into an Agreement of Purchase and Sale (APS) with Eevine Alile (defendant) for $960,000. The defendant refused to close.
• She claimed misrepresentation regarding the property’s square footage and breaches of the APS.
• The plaintiffs sued for breach of contract; the defendant counterclaimed for misrepresentation.

Key Issues & Rulings

1. Motion for Summary Judgment vs. Summary Trial

   • The defendant sought conversion to a summary trial, citing missing evidence from her spouse (her real estate agent).
   • The court denied this, finding no valid reason for the delay.

2. Alleged Misrepresentation on Square Footage

   • The defendant claimed the plaintiffs’ realtor misrepresented the square footage.
   • The court found no such representation before the APS was signed.
   • The APS had an “entire agreement” clause disclaiming reliance on oral statements.

3. Condition of the Property

   • The defendant alleged the property was not in “broom-swept” condition.
   • The plaintiffs proved it was cleaned and repaired before closing.

4. Tenant Issue

   • The APS required the buyer to assume a basement tenant but did not guarantee their presence.
   • The tenant vacated before closing, which did not breach the APS.

Outcome

• The defendant breached the APS.
• Plaintiffs were awarded $157,396.19, less the $30,000 deposit (final amount: $127,396.19).
• The defendant must pay $28,775.78 in costs within 30 days.