Question: Safiol had a contract to purchase a lot from Sechrest. He wanted to build a house on the lot and gave Sechrest a deposit of $3,800. The contract was contingent on Safiol's obtaining all permits and other approvals necessary to build a residence. Safiol hired an architect to draw up plans and discussed the matter with the town but never submitted an application for a building permit. Safiol advised Sechrest that he was terminating the contract because he had never received the necessary permits and demanded the return of his deposit. Is he entitled to get his deposit back? (Sechrest v. Safiol, 419 N.E.2d 1384 Mass.)