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Oct 29, 2021 · The Ontario Court of Appeal (ONCA) in Ching v. Pier 27 Toronto Inc., 2021 ONCA 551 (CanLII), recently outlined the options an innocent party to an agreement of purchase and sale (APS) has upon the other party breaching (i.e. repudiating) the APS. General Principles.
Mar 5, 2024 · If an agreement of purchase and sale is breached by a seller, a buyer may seek to enforce the contract through specific performance.
Sep 4, 2020 · When parties enter into an Agreement of Purchase and Sale (APS) for a residential property, there are consequences for breaching the agreement by failing to complete the transaction. Often, it will be the purchaser who breaches an agreement, due to a failure to secure sufficient funds on time.
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Apr 5, 2022 · When a seller is unable or unwilling to close on the sale of a home, the buyer may need to respond quickly. If you are a realtor, recommend the buyer obtain legal assistance without delay, especially if it is unlikely the buyer will be able to purchase a comparable home.
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Feb 16, 2021 · A buyer cannot argue with the resale value obtained by the seller, unless: The buyer provides their own market evaluation or expert evidence from a realtor about the value of the Property and that that the seller could have obtained a higher price whether through exposing the property more widely or taken additional marketing steps; and
Oct 21, 2018 · Two recent Superior Court decisions should serve as a reminder that backing out of a signed (and enforceable, which is not always the case) Agreement of Purchase and Sale (APS) for a property can prove costly.
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Aug 30, 2022 · Signing a purchase agreement and then failing to close can have serious financial consequences—and courts don’t take it lightly. When it comes to backing out of a real estate deal, the law ...