On appeal from the Superior Court of New Jersey, Law Division, Morris County.
Approved for Publication February 3, 1997.
Before Judges Dreier, Newman and Costello. The opinion of the court was delivered by Costello, J.s.c., (temporarily assigned).
The opinion of the court was delivered by: Costello
The opinion of the court was delivered by COSTELLO, J.S.C., (temporarily assigned).
Defendants appeal from a decision by the trial Judge granting summary judgment to the plaintiffs. We reverse and remand.
Defendants William and Mildred Cozine were the owners of a vacant lot located in Chester Township. On March 13, 1995 they entered into a Contract of Sale with the plaintiffs Patrick J. and Mary Tiedemann. The contract contained the following provisions:
3. Notice of Disapproval:
If an attorney for the Buyer or the Seller reviews and disapproves of the Contract, the Attorney must notify the Realtor(s) and the other party named in this Contract within the three-day period. Otherwise this Contract will be legally binding as written. The Attorney must send the notice of disapproval to the Realtor(s) by certified mail, by telegram, or by delivering it personally.
26. Additional Contractual Provisions, if any: Subject to all of the following: ...
6. Obtaining Building permit; ...
3. All notices required under this Contract may be given by FAX transmission from the Attorney for the noticing party to the Attorney for the noticed party, which shall ...