BLACK HILLS INVESTMENTS, INC., v. ALBERTSON'S, INC.,
Contracts to sell unsubdivided parcels of real property were void for violating Subdivision Map Act where they were entered into before seller recorded a parcel map, and they expressly permitted seller to waive the condition that a parcel map be recorded prior to the closing date. Where contracts provided that buyer's earnest money deposit for two parcels of land was nonrefundable, seller a year after entering into contracts recorded parcel map subdividing property into four smaller parcels including the two that buyer agreed to purchase, and buyer subsequently gave notice of termination before closing date on basis that late recordation prevented it from performing due diligence, court properly granted buyer's summary judgment motion on claim that it was entitled to return of earnest money because contracts were void. Buyer's act of objecting to certain proposed changes in contracts following seller's recordation of parcel map did not constitute ratification of the contracts.
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