SALE OF LAND - Remedies - Damages

Law360 Canada (January 26, 2021, 6:33 AM EST) -- Appeal by the vendors from the trial judgment awarding them damages for a failed real estate transaction. The buyers failed to close the transaction. The trial judge awarded damages for the difference between purchase prices and other costs incurred due to the buyers’ breach. The vendors were liable for the commission, whether the transaction closed or not. In their claim, the appellants did not seek repayment of the commission. There was also no evidence that the appellants had in fact paid the commission on the aborted sale. The appellants argued that the trial judge erred in not including the real estate commission payable in respect of the later sale at a lower price than that agreed to by the buyers on the failed transaction in the damages award. The trial judge held that awarding the appellants an amount equal to this second commission would put them in a better position than if the breach had not occurred. ...
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