Wis. Court Finds No Breach of Contract in Cancelled Condominium Sale

WAUSAU, Wis. - A Wisconsin appellate court affirmed on May 23 that prospective condominium buyers did not breach a contract by canceling the sale because of mold in a common area outside the direct control of the sellers. Fritsch v. Premier Investors, et al., No. 2006AP103-FT (Wis. Ct. App.).

The court held that the parties effectively modified the sales contract's inspection clause when the buyers asked that the mold be remediated and the sellers stipulated that it would be addressed by the condominium association.

John W. and Judith A. Fritsch sued Premier Investors for return of their $47,500 deposit after …