Panagotacos

In this breach of contract action, James and Diane Panagotacos (appellants) appeal from the summary judgment entered in favor of respondent Bank of America. Appellants contend that triable issues of fact exist as to whether they entered into a binding contract to purchase real property and whether respondent is liable for emotional distress damages due to its violation of Civil Code section 2941. We affirm.

Factual Background

In August 1993, appellants located a house in Galaxidi, Greece that they wanted to buy. On August 26, 1993, the Geselschaps, the sellers of the house, wrote to appellants and proposed to sell their house for $160,000. The proposal was subject to several conditions including that the money for the property be paid in Germany and that delivery of the money occur no later than April 15, 1994. On January 18, 1994, appellants wrote to the Geselschaps and enclosed a signed copy of the August 26, 1993, letter to indicate their agreement to purchase the property. Their letter, however, included the statement that “both parties will need an attorney in Greece where papers need to be signed and the money and title exchanged.” The Geselschaps responded to…