Real Estate Litigation

> Breach of Sales Agreements

Contracts for the purchase and sale of real estate are unique because real estate is not a commodity where it is easy to substitute one plot of land for another. As such, when a sales agreement is breached, it can raise interesting issues that must be handled by an experienced professional with extensive knowledge of Ontario contract and real estate law.

When two parties have entered into a sales agreement, one party may not withdraw from the agreement or fail to perform according to the terms of the agreement or he will be considered to be in breach of the contract. The non-breaching party may be entitled to damages in such situations and, in the event that it is a buyer who is in breach, may be entitled to keep any escrow that the buyer paid to guarantee the transaction. When it is the seller who is in breach, the buyer may be able to seek specific performance to require the seller to go through with the sales agreement. The only exceptions in which a buyer or seller may not be required to complete a contract for sale according to the terms agreed upon are if a contingency clause is triggered or if an intervening event happens to make the transaction impossible to complete. Otherwise, these and other remedies may be available.

At PLZ law, we can explain your options to you when a sales contract has been breached or when you are accused of breaching a contract. We can provide information on the potential consequences of your actions as well as on your legal rights and on any defenses available to you. We will represent your interests diligently and work to resolve the dispute as quickly and efficiently as possible and in the manner most advantageous to you.

To learn how we can assist you in real estate litigation arising from breach of sales contracts, contact us today to set up a free consultation.