Burke v. 401 N. Wabash Venture, L.L.C., No. 11-3208 (7th Cir. 2013)
Annotate this CaseIn 2006, when the real estate market was strong, Burke, a citizen of Ireland, signed a contract with the developer for the Trump International Hotel & Tower in Chicago, to buy a condominium unit and two parking spaces in the Trump Tower. The total purchase price was $2,282,130, which included $150,000 for the parking spaces. Burke deposited $456,426 in earnest money. Burke later refused to close the purchase and, after the developer declined to refund his earnest money, he sued, claiming that the developer made a material change when it placed parking on the Trump Tower’s sixth floor. The Seventh Circuit affirmed dismissal, noting that the documents he signed demonstrate that Burke was on notice that the use of the sixth floor for parking was a possibility. The agreement was not void for lack of mutuality with respect to provisions for breach, as the developer had an obligation to act in good faith to convey the condominium.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.