Specific performance

April 10, 2013

Law Day

You put in an offer and it was accepted, but some time before the closing date, the seller decided not to complete the deal. Can you sue to make them sell you the property?

In Ontario, there is a concept called “specific performance” which, essentially, means that you are looking to have the contract fulfilled rather than get compensated for your loss. Specific performance, however, is not an easy thing to get. Generally, courts prefer to award damages (that must be proven) rather than force specific performance. Specific performance will usually only be ordered when the property is so unique that it would be impossible to find something similar. As always, consult a litigation lawyer before assuming that you can get the house in the end.

About Cesia

Cesia is a real estate lawyer at Wall-Armstrong and Green, a boutique law firm in Barrie focusing on real estate and estates. When she’s not online, she can usually be found in her garden.

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