Brotman v. Roelofs

In Brotman v. Roelofs, 70 Mich App 719; 246 NW2d 368 (1976), a contingency clause was added to a contract for the purchase of land that made the purchase offer subject to a favorable zoning variance decision. Id. at 722. The variance was not granted. Id. By that time a third party offered the property owners more money for the land. Id. When the property owners requested a release from the contract in order to sell the land to the third party, the buyer refused, stating that he wanted to buy the property notwithstanding the municipality's denial of his zoning request. Id. at 722-723. The property owners refused to sell the property to the buyer. Id. The Court held that the contingency clause was added to the purchase contract to protect the buyer only. Id. at 726. The buyer had the option to waive the contingency before or in a reasonable time after the zoning decision was made. Id. at 724-726.