In Ontario, most real estate transactions are documented using the Ontario Real Estate Association’s standard form Agreement of Purchase and Sale. This contract addresses key matters such as the deposit, the purchase price, inspections, financing and the closing date.

Disputes often arise when one party fails to honour their obligations under the Agreement of Purchase and Sale. Common breaches include a buyer failing to provide a deposit or refusing to close on the completion date, or a seller failing to deliver clear title. Misrepresentations about the property’s condition can also give rise to claims.

The remedies available will depend on who is at fault. For instance, if a buyer defaults, the seller may be entitled to keep the deposit and claim damages, such as the difference between the agreed purchase price and the eventual resale price, along with carrying costs like mortgage interest, insurance, or moving expenses. However, if a seller defaults, the buyer may claim damages for the cost of securing a comparable property, moving or storage fees, and other losses directly caused by the failed transaction. In some cases, the innocent party may seek specific performance, which is a court order requiring the defaulting party to complete the transaction. This remedy is generally reserved for situations where the property is considered unique and monetary damages would not be an adequate substitute.

At Kamalie Law, we act for both buyers and sellers in disputes arising from Agreements of Purchase and Sale. Our litigation team has pursued claims where buyers have failed to close, and we have also represented buyers who could not close due to circumstances beyond their control. We have also litigated claims involving misrepresentation, hidden defects, and disputes against sellers, builders, and even real estate agents. In appropriate cases, we have sought specific performance to compel a transaction to proceed.

Having handled a wide range of real estate disputes, we understand that the appropriate remedy depends on each client’s unique goals. We take the time to understand those goals and craft a litigation strategy designed to achieve the best possible outcome for your situation.

Common Real Estate Disputes We Handle:

  • Breach of Agreements of Purchase and Sale
  • Failure or refusal to close
  • Misrepresentation by sellers, agents, or brokers
  • Hidden or undisclosed defects (patent and latent)
  • Partition and sale of jointly owned property
  • Residential and commercial property disputes
  • Urgent injunctions and Certificates of Pending Litigation
  • Specific performance claims