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   What happens if a buyer breaches the agreement of purchase and sale?

   • 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.

   Real Estate Contract Breaches in Ontario| Nava Wilson Blog

   navawilson.law/breach-of-real-estate-contracts/

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   What is a breach of contract in real estate?

   • In the complex world of real estate transactions, agreements are vital for outlining the terms and conditions between buyers and sellers. When one party fails to uphold their obligations, it results in a breach of contract.

   Real Estate Contract Breaches in Ontario| Nava Wilson Blog

   navawilson.law/breach-of-real-estate-contracts/

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   What happens if one party breaches a contract?

   • If one party breaches the contract, the other can sue for specific performance, asking the court to compel the breaching party to fulfill the contract’s terms. This would be the primary option for the buyer if they wanted to compel the seller to complete the transaction.

   Remedies for Breach of an Agreement of Purchase and Sale

   baderlaw.ca/blogs-news/remedies-for-breach-of-an-agreement-of-purchase-and-sale/

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   Can a seller re-List A property if a buyer breaches a contract?

   • Although the buyer breached the contract shortly after signing, the seller is still entitled to the deposit. That means the seller could re-list the property and enter into an agreement to sell to someone else for a higher price and still go after the purchaser for the deposit.

   Real Estate Contract Breaches in Ontario| Nava Wilson Blog

   navawilson.law/breach-of-real-estate-contracts/

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   What happens if a seller breaches an APS?

   • While there aren’t as many risks to a seller who breaches an APS, here are some potential consequences: The buyer can sue the seller for damages, such as an increase in market value of similar properties in a rising real estate market. The buyer must be able to prove the specific monetary amount of these damages.

   Consequences of a Breach of APS - Unified LLP

   unifiedllp.com/aps-consequences/

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   Can a buyer claim damages if a seller fails to close?

   • This is because the buyer may not only have a claim for damages, but, occasionally, they might also have a claim for specific performance (namely the court might make an order requiring the seller to honour the Agreement of Purchase and Sale). Such relief is unique to each situation when a seller fails to close.

   SELLER’S BREACH OF THE PURCHASE AND SALE AGREEMENT: CAN TH…

   www.gillmulholland.ca/blog/sellers-breach-of-the-purchase-and-sale-agreement-can-the-innocent-buyer-force-the-sale

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2. www.gilbertsondavis.com › breach-of-agreement-ofBreach of Agreement of Purchase and Sale – What are Your ...

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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.

3. baderlaw.ca › blogs-news › remedies-for-breach-of-anEnforcing Agreements of Purchase and Sale in Ontario - Bader Law

   baderlaw.ca › blogs-news › remedies-for-breach-of-an

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   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.

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5. www.gillmulholland.ca › blog › sellers-breach-of-theSELLER’S BREACH OF THE PURCHASE AND SALE AGREEMENT ... - Gill

   www.gillmulholland.ca › blog › sellers-breach-of-the

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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.

   • Author: Matt Mulholland
   • Phone: (416) 703-1900

   • Location: 340 King Street East, 4th Floor, North Elevator Toronto, ON, M5A 1K8 Canada
   • Email: info@gmllp.ca

6. prudentlaw.ca › specific-performance-a-remedy-forSpecific Performance & Breach of an Agreement of Purchase & Sale

   prudentlaw.ca › specific-performance-a-remedy-for

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   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.

   • 5/5 (48)
   • Phone: (905) 361-9789

   • Location: #360-4 Robert Speck Parkway, Mississauga, L4Z 1S1, ON

7. boglaw.ca › mitigation-of-damages-following-breachMitigation of Damages Following Breach of Agreement of ...

   boglaw.ca › mitigation-of-damages-following-breach

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   Feb 16, 2021 · In fact, an innocent party (in this case the seller) has options available to it in the face of a default – elect to terminate the contract and sue for damages or reject the repudiation and insist on performance of the contract. Here, the seller chose to insist on the closing of the transaction.

8. navawilson.law › breach-of-real-estate-contractsReal Estate Contract Breaches in Ontario| Nava Wilson Blog

   navawilson.law › breach-of-real-estate-contracts

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   When one party fails to uphold their obligations, it results in a breach of contract. This blog post will explore the key components of a real estate agreement of purchase and sale, the implications of breaching the contract, and the rights and remedies available to both buyers and sellers in Ontario.

9. unifiedllp.com › aps-consequencesConsequences of a Breach of APS | Agreement of Purchase of ...

   unifiedllp.com › aps-consequences

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   The buyer can be at fault for breaching an APS if they are unable to meet their obligations. This could happen if the buyer bids too high, is unable to obtain financing or is relying on the sale of their current property.