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Insights: Agreement of Purchase and Sale

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Township cannot shift plaintiff’s due diligence failures onto its lawyer by way of third party claim (2262025 Ontario Inc. v. Stewart and The Corporation of the Township of Georgian Bluffs)
Seller misrepresented right to assign agreement of purchase and sale (Qu v. Wang)
Motion for certificate of pending litigation dismissed in assignment dispute (Roopchan v. Abeywardena)
Crossed-out conditions in agreement of purchase and sale held to be deleted (Dehkordi v. O’Dell)
Developer breached Agreement of Purchase and Sale by demanding additional charges at time of closing (Taheripouresfahani v. Dormer Bond Inc.)
Developer can’t charge buyer for adjustments not included in Agreement of Purchase and Sale (Bellisario v. 2200 Bromsgrove Development Inc.)
Buyer cannot force seller to remove notice registered on title by third party (Brighton Breeze Ltd. v. Noel Property Management Ltd.)
Do requisitions concerning gas leases go to root of title? (Van Hove v. Dryuff)
Sellers repudiated agreement of purchase and sale by failing to address outstanding work orders (Reel em Inn and Resort v. RNR Doemel Enterprises)
Buyer breached agreement to purchase home that was destroyed by fire (McDonald v. Lowrie)
Court rejects force majeure and frustration defences following aborted transaction (Liddell v. Mousavi)
Realtor liable for failing to confirm location of new build property (Zhang v. Primont Homes (Caledon) Inc.)
Claim for misrepresentation of property tax amount in real estate listing defeated by entire agreement clause (Langen v. Sharma)
Buyer fails to prove damages resulting from sellers’ breach of agreement to sell gas station (2511899 Ontario Inc v. 2221465 Ontario)
Agreement of Purchase and Sale not binding due to addition of unsigned Schedule (Ali v. Patel)
Seller did not repudiate agreement of purchase and sale notwithstanding missed deadline (Vandermolen Homes Inc. v. Mani)
Specific performance ordered in cottage purchase dispute (Coffey v. High)
Sellers liable for deficiencies due to rectification of Agreement of Purchase and Sale (Melo v. Hiebert)
Relisting of property before closing date did not amount to a repudiation of agreement of purchase and sale (Zoleta v. Singh and RE/MAX Twin City Realty)
Buyer fails to prove property re-sold for improvident price following aborted transaction (Switzer v. Petrie)
Buyer’s failure to obtain severance amounted to anticipatory breach of contract (Stayside Corporation v. Cyndric Group)
Court refuses to impose 5 pm deadline for delivery of real estate closing proceeds (More v. 1362279 Ontario Ltd. (Seiko Homes))
Seller not liable for water damage or foundation issues discovered after closing
Developer required to answer discovery questions about misleading other buyers
Seller allowed to re-schedule Tarion closing date following
Limitation Period bars claim for breach of Assignment of Agreement of Purchase and Sale
Relief from forfeiture not granted where buyer claimed lack of capacity to enter into real estate purchase agreement
Lawyer not vicariously liable to opposite party in failed real estate transaction
Buyer breached duty of good faith in failing to complete assignment agreement
Neighbour’s management plan did not improperly divert equity from plaintiff property
Environmental assessment firm not liable to buyer who did not commission their report
No “waiver by conduct” of financing condition in agreement of purchase and sale
Property developer awarded $11 million in lost profits against seller who refused to complete transaction
Court refuses to impose 5 pm deadline for delivery of real estate closing proceeds
Sellers not allowed to rely on “escape clause” to accept a better offer
Buyers bound to agreement of purchase and sale negotiated by family friend
Buyer entitled to repudiate agreement after discovering water damage
Buyers lose right to recover deposit after seller breaches agreement
Seller entitled to repossess townhouse after buyer fails to complete purchase
Buyer’s failure to waive conditions nullifies agreement of purchase and sale
Buyer loses $100,000 deposit after refusing to purchase condominium
Buyers’ liability to sellers in aborted real estate transactions – Part 2
Owner of corporation personally liable for litigation misfeasance
Seller Not Responsible for Zoning or Future Use Limitations of a Property
Misrepresentation in Square Footage leads to Rescission of Agreement of Purchase and Sale
Discovery of Water Damage Insufficient to Terminate Real Estate Purchase Transaction
Real Estate Investor’s Claim for Lost Opportunity Damages Rejected
Buyer’s Claim for Lost Value Damages of a Residential Subdivision Home
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