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Buyer entitled to recover deposit after seller misrepresented legality of addition (Sewell v. Abadian)
Thursday, May 29, 2025James R.G. CookLitigationBuyer, Misrepresentation, Addition
In disputes where a buyer alleges that a seller made misrepresentations about the property being purchased, courts will generally focus on whether the representations were contained in the contract for the transaction or were otherwise reasonably relied upon by the buyer...
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Developer can’t charge buyer for adjustments not included in Agreement of Purchase and Sale (Bellisario v. 2200 Bromsgrove Development Inc.)
Thursday, May 15, 2025James R.G. CookLitigationDevelopment, Buyer, Agreement of Purchase and Sale
Over the past few years, there have been several media reports of developers in Ontario attempting to levy charges against buyers for various matters that were not included in the original purchase price....
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Buyer fails to tender by withholding full purchase price (1785192 Ontario Inc. v. Ontario H Limited Partnership)
Thursday, November 7, 2024James R.G. Cook, Isabel YooLitigationReal Estate, Buyer, Seller, Withholding
A buyer who wishes to dispute whether a seller has completed their obligations leading up to closing may wish to withhold the full amount of the agreed-upon purchase price...
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