An Agreement of Purchase and Sale is just like any other legal contract: Once duly signed, it is binding and must be honoured according to its terms. If either party fails to do so, the repercussions can be costly.   In a recent case, Datta v. Eze, the seller of a home learned this principle the hard way, after the buyers sued him successfully for breach of the contract they had reached. The agreement listed the seller of the property as Fabian, but to the knowledge of the... [read more]

A misrepresentation by the seller and real estate agent as to the square footage of a residential property in Stouffville, Ont. resulted in the rescission of the Agreement of Purchase and Sale (APS) and the return of the $50,000 deposit. (Issa v. Wilson, 2020 ONCA 756 [CanLII]).   The plaintiff, a 26-year-old first-time home buyer, wanted a house large enough to live in with his parents and three sisters. He retained the defendant real estate agent to help him find a... [read more]