No. 1663 Philadelphia 1982, Appeal from the Order of the Court of Common Pleas, Civil Division, of Philadelphia County at No. 1725 November Term 1981.
Russell D. Henkin, Philadelphia, for appellant.
Mark R. Rosen, Philadelphia, for appellees.
Wickersham, Wieand and Hoffman, JJ. Wieand, J., concurred in the result.
[ 334 Pa. Super. Page 126]
In this case, Paul R. Rosen appeals from the order of the Court of Common Pleas of Philadelphia County granting a petition to strike a lis pendens filed by Rittenhouse Towers, et. al. The suit arose out of appellant's attempt to purchase a penthouse condominium unit in Rittenhouse Towers from appellees.
Appellee Hotel Rittenhouse Associates (hereinafter referred to as "HRA") is the owner of Rittenhouse Towers, a condominium/hotel which, at time of suit, was under construction in Rittenhouse Square, Philadelphia. On October 17, 1980, appellant Rosen issued a $5,000.00 check to appellee HRA*fn1 as an initial deposit on a penthouse condominium unit. In consideration for this deposit, Rosen received a Condominium Apartment Reservation, pursuant to which HRA agreed to reserve unit 33I for him. This reservation provided that the condominium would be reserved until the "Expiration Time," which was defined as the later of January 15, 1980, or fifteen (15) days following delivery to Rosen of HRA's Public Offering Statement and a proposed Agreement of Sale. In no event, however, was the reservation to extend beyond January 30, 1981 unless agreed to in writing by the parties.
In a letter dated January 30, 1981, Rosen informed HRA that he had not yet received the proposed Agreement of Sale and that he did not want his reservation to expire as a result of HRA's "failure to forward to [Rosen] the agreement
[ 334 Pa. Super. Page 127]
and to enter into negotiations for an Agreement of Sale." This letter also made reference to certain "understandings" which Rosen claimed had been reached between HRA and himself with regard to the incorporation of special provisions in the Agreement of Sale. Rosen stated that these "understandings" included the following:
1. The down payment would be provided by a Letter of Credit;
2. Secondary financing with respect to a portion of the purchase price would be made available by Mr. Wolgin;
3. Provisions relating to the obligation to close under the Agreement of Sale to be within 120 days of the occupancy being available on my floor and with respect to full service of the building ...