Commercial Development; Sales Contract; Specific Performance; Lis Pendens
A foreign corporation negotiated a contract to purchase a large parcel for commercial development but required the seller to grade the property to a certain altitude and obtain certain zoning variances which would facilitate the commercial use intended. The seller performed the grading pursuant to the contract requirements but did not obtain the zoning. The buyer, however, applied for and obtained the variances, but the seller reneged and refused to sell. The foreign corporation retained the Firm to pursue its rights, and the Firm filed a notice of lis pendens on the deed records and a suit for specific performance against the seller. This precipitated negotiations which resulted in the Firm's client's purchase of the land for the original contract price.