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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 a seller cannot meet their obligations under the Agreement of Purchase in Sale, they may be in breach. The seller may also back out of the transaction, possibly due to another higher offer or seller’s remorse.
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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Oct 2, 2023 · Need help understanding an OREA Agreement of Purchase and Sale for a Condominium Resale? Learn more about the common conditions that buyers and sellers should be aware of prior to signing this document in order to protect their rights.
Feb 16, 2021 · After several months, the seller resold the property for $1,242,964.11. The buyers did not dispute that they were in breach of the Agreement. They rested their case on the seller’s failure to get a higher resale price. The court agreed with the seller and awarded it judgment for $353,582.28.
Jan 12, 2024 · Today, we will go over the Ontario Real Estate Association (OREA) Agreement of Purchase and Sale for resale properties and discuss each clause proposed by OREA and what rights and obligations the agreement imposes on both the buyer and the seller.
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What happens if a buyer breaches the agreement of purchase and sale?
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What happens if a seller does not meet their obligations?
What happens if one party breaches a contract?
This breach constitutes an immediate breach of the Agreement of Purchase and Sale (APS) and the seller can deem that transaction at an end. Although the buyer breached the contract shortly after signing, the seller is still entitled to the deposit.