Specific Performance

This is a remedy that the purchaser of property can obtain, if the vendor does not the sell the property, as agreed to, or breaches a condition of the contract. The theory behind this law, is that each piece of land is unique.

In a recent case in Ontario, called Greenway Estate Homes Ltd v. McDonald, the purchaser sought this remedy plus an abatement of the purchase price. The purchaser claimed, the piece of land was less then the 26 acres listed in the agreement of purchase of sale. The court found that the purchaser was unable to purchase the property, as funding fell through, and had not raised the acreage issue until the day before closing. In this case, the purchaser was not given the remedies he sought. and forfeited his deposit

Comments are closed.