What Is an Agreement of Purchase and Sale?
An Agreement of Purchase and Sale (“APS”) is the legally binding contract that sets out the terms and conditions under which a buyer agrees to purchase, and a seller agrees to sell, a property. In Ontario real estate transactions, the APS is one of the most important documents involved in the purchase or sale of residential, commercial, and investment properties.
A typical Agreement of Purchase and Sale identifies the parties to the transaction, describes the property being sold, specifies the purchase price, deposit requirements, closing date, and any conditions that must be satisfied before the transaction becomes firm. It also outlines the rights and obligations of each party throughout the transaction and on closing.
While many real estate transactions proceed smoothly, disputes can arise when one party alleges that the other has failed to comply with the terms of the agreement. Common issues include disagreements over conditions, deposits, closing obligations, representations and warranties, or whether a party has breached the contract.
When a dispute arises, the Agreement of Purchase and Sale often becomes the central document in determining the parties’ respective rights and obligations. Its interpretation can significantly affect the outcome of a real estate dispute.
At Lakhan Tram LLP, we represent buyers, sellers, investors, and businesses involved in disputes arising from Agreements of Purchase and Sale throughout Ontario. We provide practical, strategic representation aimed at protecting our clients’ legal and financial interests.
What Counts as a Breach?
A breach of an Agreement of Purchase and Sale occurs when a buyer or seller fails to fulfill one or more of their contractual obligations. Depending on the circumstances, a breach may occur before, on, or after the initial closing date. Whether a breach has occurred often depends on the specific wording of the agreement and the facts surrounding the transaction.
Not every disagreement or non-compliance amounts to a breach. However, disputes commonly arise where one party alleges that the other has failed to comply with a material or fundamental term of the contract.
Examples of conduct that may give rise to a breach include:
- A buyer refusing or failing to complete the purchase on the agreed closing date.
- A seller refusing to transfer title to the property as required by the agreement.
- Failure to satisfy contractual obligations or conditions within the required time.
- Wrongful termination or repudiation of the Agreement of Purchase and Sale.
- Failure to deliver vacant possession where required by the agreement.
- Disputes concerning deposits, adjustments, or closing funds.
- Failure to comply with representations, warranties, or other contractual promises contained in the agreement.
When an alleged breach occurs, the parties’ rights and obligations depend on the terms of the Agreement of Purchase and Sale, the surrounding circumstances, and the applicable law. In some cases, disputes can be resolved through negotiation, while others require court proceedings to determine liability and any available remedies.
At Lakhan Tram LLP, we represent buyers, sellers, investors, and businesses involved in disputes arising from alleged breaches of Agreements of Purchase and Sale across Ontario. We work to protect our clients’ interests and pursue practical, effective resolutions tailored to the circumstances of each case.
Common Buyer Breaches
A buyer who enters into an Agreement of Purchase and Sale is required to comply with the obligations set out in the contract. When a buyer fails to do so, the seller may allege that the buyer has breached the agreement. The nature and consequences of an alleged breach will depend on the terms of the contract and the surrounding circumstances.
Some of the most common buyer breaches include:
- Failing to close the transaction on the agreed closing date.
- Refusing to pay the required deposit after the agreement has become firm and binding.
- Failing to provide the required closing funds, including the balance of the purchase price.
- Improperly attempting to terminate the agreement without a contractual or legal basis.
- Failing to satisfy contractual obligations that are the buyer’s responsibility under the Agreement of Purchase and Sale.
- Indicating an intention either through words or conduct of a desire not to complete the transaction before the closing date.
- Disputing the release of the deposit following an alleged default.
A buyer’s failure to complete a real estate transaction can have significant financial consequences for both parties. Depending on the circumstances, disputes may involve deposits, claims for damages, or other remedies arising from the alleged breach.
At Lakhan Tram LLP, we represent sellers seeking to enforce Agreements of Purchase and Sale, as well as buyers defending allegations of breach. Our lawyers regularly assist clients in resolving Ontario real estate disputes through negotiation, mediation, and litigation where necessary.
Common Seller Breaches
Sellers are required to comply with the terms of the Agreement of Purchase and Sale just as buyers are. When a seller fails to meet their contractual obligations, the buyer may allege that the seller has breached the agreement. Whether a breach has occurred depends on the language of the contract and the specific facts of the transaction.
Common examples of seller breaches include:
- Refusing to complete the sale on the agreed closing date.
- Failing to transfer good and marketable title in accordance with the Agreement of Purchase and Sale.
- Selling the property to another purchaser after entering into a binding agreement.
- Failing to deliver vacant possession, where required by the contract.
- Removing fixtures or other items that were included in the sale.
- Failing to comply with contractual representations, warranties, or other obligations contained in the agreement.
- Indicating an intention either through words or conduct of a desire not to complete the transaction before closing.
A seller’s failure to complete a transaction can result in significant financial losses for a buyer, particularly where replacement properties are more expensive or additional costs are incurred because the transaction does not proceed as planned. Disputes may involve claims for damages, specific performance, deposits, or other remedies depending on the circumstances.
At Lakhan Tram LLP, we represent both buyers and sellers in disputes arising from alleged breaches of Agreements of Purchase and Sale throughout Ontario. Our lawyers provide strategic, practical representation to help clients protect their rights and resolve real estate disputes efficiently.
Anticipatory Breach and Repudiation
An anticipatory breach occurs when one party indicates, before the time for performance arrives, that they do not intend to fulfill their obligations under an Agreement of Purchase and Sale. In a real estate transaction, this may arise where a buyer or seller communicates that they will not proceed with the transaction or otherwise acts in a manner that suggests they do not intend to complete their contractual obligations.
Repudiation refers to conduct that demonstrates an intention not to be bound by the terms of the agreement. This may involve an express statement that a party will not perform its obligations, or conduct that is inconsistent with an intention to complete the transaction.
Examples of situations that may give rise to allegations of anticipatory breach or repudiation include:
- A buyer advising that they will not complete the purchase before the closing date.
- A seller indicating that they no longer intend to sell the property.
- A party refusing to take required steps necessary to complete the transaction.
- Conduct suggesting that a party considers the Agreement of Purchase and Sale to no longer be binding.
The consequences of an alleged anticipatory breach or repudiation can be significant. The non-breaching party may have rights and obligations that depend on the circumstances, including whether they accept the repudiation, continue to treat the agreement as binding, or seek available remedies.
Because the outcome of these disputes often depends on the wording of the Agreement of Purchase and Sale and the specific conduct of the parties, careful review of the circumstances is essential.
At Lakhan Tram LLP, we assist buyers, sellers, and property owners involved in disputes concerning Agreements of Purchase and Sale, including allegations of anticipatory breach and repudiation. Our team provides practical guidance and representation focused on resolving complex real estate disputes.
Seller Remedies When a Buyer Breaches
When a buyer fails to complete a real estate transaction in accordance with an Agreement of Purchase and Sale, the seller may have certain rights and remedies available. The remedies available will depend on the terms of the agreement, the nature of the buyer’s breach, and the circumstances surrounding the transaction.
Common remedies available to sellers following an alleged buyer breach may include:
- Retaining the deposit: Depending on the terms of the Agreement of Purchase and Sale and the circumstances of the transaction, a seller may seek to retain the buyer’s deposit as compensation for the failed transaction.
- Claiming damages: A seller may seek compensation for losses arising from the buyer’s failure to complete the purchase. This may include losses associated with a reduction in the property’s resale value, carrying costs, and other expenses resulting from the failed transaction.
- Reselling the property: A seller may choose to place the property back on the market. The timing and terms of any resale may be relevant when determining the parties’ respective rights and potential claims.
- Seeking additional remedies available under contract law: Depending on the circumstances, a seller may have other remedies available arising from the buyer’s failure to comply with the Agreement of Purchase and Sale.
Real estate disputes involving failed transactions can become complex, particularly where there are disagreements regarding deposits, damages, or the interpretation of contractual terms. The outcome of a dispute will often depend on the wording of the Agreement of Purchase and Sale and the evidence surrounding the transaction.
At Lakhan Tram LLP, we represent sellers involved in disputes arising from failed real estate transactions and alleged buyer breaches throughout Ontario. We assist clients in understanding their contractual rights and pursuing practical solutions to protect their financial interests.
Deposit Forfeiture
A deposit is a common component of an Agreement of Purchase and Sale and serves as security for the buyer’s obligations under the transaction. When a buyer fails to complete a purchase after entering into a binding agreement, disputes may arise regarding whether the seller is entitled to retain the deposit.
Deposit forfeiture refers to the seller’s claim that the buyer’s deposit should be retained following a buyer’s failure to complete the transaction. The availability and application of this remedy will depend on the terms of the Agreement of Purchase and Sale, the circumstances of the buyer’s default, and the applicable legal principles.
Disputes regarding deposits commonly arise where:
- A buyer refuses or fails to close the transaction.
- The parties disagree on whether the buyer was entitled to terminate the agreement.
- There is a disagreement regarding the release or payment of the deposit.
- A seller claims additional losses beyond the amount of the deposit.
The treatment of a deposit following a failed real estate transaction can involve important contractual and legal considerations. In some circumstances, a deposit may form part of a seller’s claim for compensation, while in others, the parties may dispute whether the deposit should be returned or applied toward losses.
At Lakhan Tram LLP, we assist buyers and sellers involved in disputes concerning deposits arising from Agreements of Purchase and Sale throughout Ontario. Our lawyers help clients navigate real estate disputes involving failed transactions, contractual obligations, and claims relating to deposits.
Damages
When a buyer or seller breaches an Agreement of Purchase and Sale, the injured party may seek compensation for losses arising from the failed transaction. These claims are commonly referred to as damages.
In the context of real estate disputes, damages are intended to address financial losses that result from a party’s failure to comply with the terms of the agreement. The type and amount of damages claimed will depend on the circumstances of the transaction, the nature of the breach, and the evidence available to support the claim.
Examples of damages that may arise from a breach of an Agreement of Purchase and Sale include:
- Losses resulting from a failed sale or purchase, including financial differences caused by changes in the property’s value.
- Carrying costs, such as additional expenses incurred while a property remains unsold or a transaction is delayed.
- Additional transaction-related expenses arising from the failure to complete the agreement.
- Other indirect or consequential financial losses that may have resulted from the breach.
In determining whether damages are available, issues such as the terms of the Agreement of Purchase and Sale, the actions of the parties, and the steps taken to minimize losses may be relevant. Real estate damage claims can involve complex factual and contractual considerations, particularly where parties disagree about responsibility for a failed transaction.
At Lakhan Tram LLP, we represent buyers and sellers involved in real estate disputes, including claims arising from breaches of Agreements of Purchase and Sale. Our lawyers assist clients in assessing their legal options and pursuing practical resolutions through negotiation, mediation, or litigation where appropriate.
Specific Performance In General
Specific performance is a legal remedy that may require a party to complete their obligations under an Agreement of Purchase and Sale rather than providing financial compensation alone. In the context of real estate transactions, this remedy is most commonly associated with disputes where one party seeks to have the other complete the purchase or sale of a property.
Unlike a claim for damages, which seeks monetary compensation for losses, specific performance focuses on requiring the transaction itself to proceed. This remedy may become an issue where a party alleges that the property has unique characteristics or value that cannot be adequately addressed through financial compensation alone.
Disputes involving specific performance may arise where:
- A buyer seeks to require a seller to complete the sale of a property.
- A seller seeks to enforce a buyer’s obligation to complete a purchase.
- A party alleges that monetary compensation would not adequately address the loss arising from the failure to complete the transaction.
- The parties disagree about whether the Agreement of Purchase and Sale remains binding.
Whether specific performance is available will depend on the circumstances of the transaction, the terms of the Agreement of Purchase and Sale, and the legal principles applicable to the dispute.
At Lakhan Tram LLP, we assist buyers, sellers, and property owners involved in complex real estate disputes, including claims involving the enforcement of Agreements of Purchase and Sale. Our team provides strategic representation focused on protecting clients’ contractual rights and achieving practical outcomes.
Buyer Remedies When a Seller Breaches
When a seller fails to complete a real estate transaction in accordance with an Agreement of Purchase and Sale, a buyer may have certain rights and remedies available. The remedies available will depend on the terms of the agreement, the nature of the seller’s breach, and the specific circumstances surrounding the transaction.
Common remedies available to buyers following an alleged seller breach may include:
- Seeking damages: A buyer may seek compensation for financial losses resulting from the seller’s failure to complete the transaction. This may include losses arising from additional expenses, delays, or changes in market conditions.
- Seeking specific performance: In certain circumstances, a buyer may seek an order requiring the seller to complete the transaction rather than accepting financial compensation alone.
- Seeking recovery of the deposit and related losses: Where a transaction fails due to a seller’s breach, disputes may arise regarding the return of the buyer’s deposit and any additional losses claimed.
- Enforcing contractual rights: A buyer may seek to rely on the terms of the Agreement of Purchase and Sale to address the seller’s failure to comply with contractual obligations.
Seller breach disputes can involve significant financial and legal considerations, particularly where the value of a property has changed between the original agreement date and the date of the dispute. The rights available to a buyer will often depend on the wording of the Agreement of Purchase and Sale, the actions of the parties, and the circumstances leading to the failed transaction.
At Lakhan Tram LLP, we represent buyers involved in disputes arising from failed real estate transactions, including allegations that sellers have breached Agreements of Purchase and Sale. Our lawyers provide strategic representation to help clients protect their contractual rights and pursue effective resolutions.
Accepting vs. Affirming the Contract
When a party alleges that the other side has breached an Agreement of Purchase and Sale, an important issue may be whether the injured party chooses to accept the breach or continue treating the agreement as binding. These choices can have significant implications for the parties’ rights and obligations.
Accepting a breach generally means that the non-breaching party treats the other party’s conduct as bringing the agreement to an end and may seek available remedies arising from the failure to complete the transaction. The party may no longer be required to continue with the contract, depending on the circumstances and applicable legal principles.
Affirming the contract means that the non-breaching party continues to treat the Agreement of Purchase and Sale as valid and remains prepared to complete the transaction. By affirming the agreement, the party may seek to enforce the other party’s contractual obligations rather than treating the agreement as terminated.
The decision to accept or affirm a contract can be complex and may depend on factors such as:
- The nature and seriousness of the alleged breach.
- The wording of the Agreement of Purchase and Sale.
- The conduct and communications of the parties.
- Whether the party has taken steps that may affect their ability to rely on certain remedies.
In real estate disputes, the actions taken after an alleged breach can be significant. Communications, negotiations, and steps taken toward closing or resale may all become relevant when determining the parties’ rights and obligations.
At Lakhan Tram LLP, we assist buyers and sellers involved in disputes arising from Agreements of Purchase and Sale, including issues relating to alleged breaches, contract enforcement, and available remedies. Our lawyers provide practical representation focused on resolving complex real estate disputes throughout Ontario.
Specific Performance For Buyers
When a seller fails to complete a real estate transaction in accordance with an Agreement of Purchase and Sale, a buyer may seek specific performance as a potential remedy. Specific performance is a court-ordered remedy that requires the seller to complete the transaction according to the terms of the agreement rather than providing financial compensation alone.
In real estate disputes, specific performance may be considered where a buyer alleges that the property has unique characteristics or that damages would not adequately compensate for the loss arising from the seller’s failure to complete the sale. This remedy focuses on enforcing the original agreement and requiring the transaction to proceed.
Issues involving specific performance may arise where:
- A seller refuses to transfer ownership after entering into a binding Agreement of Purchase and Sale.
- A seller attempts to sell the property to another purchaser.
- A buyer seeks to enforce the original terms of the transaction rather than pursue financial compensation.
- The parties disagree about whether the circumstances justify requiring completion of the sale.
Whether specific performance is available will depend on the facts of the transaction, the terms of the Agreement of Purchase and Sale, and the legal principles applicable to the dispute. Courts consider a variety of factors when determining whether this remedy is appropriate.
Disputes involving seller breaches can be time-sensitive and may require careful consideration of the contractual obligations, communications between the parties, and steps taken following the alleged breach.
At Lakhan Tram LLP, we represent buyers and sellers involved in complex real estate disputes, including claims arising from breaches of Agreements of Purchase and Sale. Our lawyers provide strategic representation to help clients protect their contractual rights and pursue appropriate remedies.
Damages
When a seller fails to complete a real estate transaction in accordance with an Agreement of Purchase and Sale, a buyer may seek compensation for losses arising from the breach. A claim for damages is intended to address the financial impact of the seller’s failure to comply with the terms of the agreement.
The types of damages available will depend on the circumstances of the transaction, the nature of the seller’s breach, the terms of the Agreement of Purchase and Sale, and the evidence supporting the buyer’s losses.
Examples of damages that may arise from a seller breach include:
- Losses arising from changes in property value: A buyer may claim losses associated with a change in the market value of the property between the date of the agreement and the date of the dispute.
- Additional costs incurred as a result of the failed transaction: This may include certain expenses associated with securing alternative arrangements or addressing delays caused by the breach.
- Transaction-related expenses: A buyer may seek compensation for certain costs incurred in connection with the failed purchase.
- Other foreseeable financial losses: Depending on the circumstances, additional losses directly connected to the breach may be considered.
Real estate damage claims can involve complex issues, including determining the extent of the loss, assessing the impact of market conditions, and evaluating the parties’ respective obligations under the Agreement of Purchase and Sale.
The outcome of a damages claim will often depend on the specific wording of the agreement, the actions taken by the parties following the alleged breach, and the evidence available to support the claim.
At Lakhan Tram LLP, we represent buyers and sellers involved in disputes arising from Agreements of Purchase and Sale, including claims involving failed transactions and alleged breaches of contract. Our lawyers provide strategic representation focused on protecting clients’ interests and resolving real estate disputes throughout Ontario.
Certificate of Pending Litigation
A Certificate of Pending Litigation (“CPL”) is a court order that may be registered on title to a property when there is an ongoing legal dispute involving an interest in that property. A CPL serves as notice to third parties that a claim affecting the property is before the court.
In the context of Agreement of Purchase and Sale disputes, a CPL may become relevant where one party seeks to preserve their claimed interest in a property while the dispute is being resolved. For example, where a buyer seeks to enforce a transaction involving a specific property, a CPL may be considered as a way of protecting the claimed interest during the litigation process.
A CPL may arise in disputes involving issues such as:
- A buyer seeking to enforce rights arising from an Agreement of Purchase and Sale.
- A dispute over ownership or an alleged interest in a property.
- Claims that the transfer or sale of a property should be restricted while a legal dispute is ongoing.
- Fraudulent transfers or conveyances of properties with the intention to defeat interested parties or creditors
- Real estate litigation where the outcome may affect title to the property.
The registration of a CPL does not determine the outcome of a dispute or establish ownership rights. Rather, it provides notice of the pending litigation and may prevent certain dealings with the property while the court considers the underlying issues.
Because a CPL can affect a property owner’s ability to sell, refinance, or otherwise deal with a property, disputes involving these claims can be significant and require careful consideration of the circumstances and legal issues involved.
At Lakhan Tram LLP, we assist buyers, sellers, and property owners involved in real estate disputes, including matters involving Agreements of Purchase and Sale, title disputes, injunctions and urgent motions, and claims affecting interests in property. Our lawyers provide strategic representation focused on protecting clients’ rights and resolving complex real estate litigation matters throughout Ontario.
Treatment of the Deposit
A deposit is an important component of many Agreements of Purchase and Sale and is typically provided by the buyer as security for the buyer’s commitment to complete the transaction. The Agreement of Purchase and Sale will generally set out the amount of the deposit, how it is to be held, and how it is to be applied on closing or following a dispute.
When a real estate transaction is completed, the deposit is usually applied toward the purchase price. However, disputes may arise when a transaction fails to close and the parties disagree about what should happen to the deposit.
Common issues involving the treatment of deposits include:
- Buyer default: A seller may claim that the buyer’s failure to complete the transaction entitles the seller to retain the deposit or apply it toward losses arising from the breach.
- Seller default: A buyer may seek the return of the deposit where the seller fails to complete the transaction in accordance with the Agreement of Purchase and Sale.
- Disputes over entitlement: The parties may disagree about whether the deposit should be released, retained, or applied toward a claim for damages.
- Deposit held in trust: Deposits are often held by a brokerage, lawyer, or other party in trust pending completion of the transaction or resolution of a dispute.
The treatment of a deposit following a failed real estate transaction will depend on the terms of the Agreement of Purchase and Sale, the circumstances leading to the failed closing, and the rights being asserted by each party.
At Lakhan Tram LLP, we represent buyers and sellers involved in disputes concerning real estate deposits, failed transactions, and breaches of Agreements of Purchase and Sale throughout Ontario. Our lawyers assist clients in navigating complex contractual disputes and pursuing practical resolutions.
How Ontario Courts Decide These Cases
When a dispute arises from an Agreement of Purchase and Sale, Ontario courts examine the terms of the agreement, the conduct of the parties, and the circumstances surrounding the alleged breach. Each case is determined based on its specific facts and the contractual obligations agreed upon by the buyer and seller.
In assessing a real estate dispute, courts may consider factors such as:
- The wording of the Agreement of Purchase and Sale: The agreement is the foundation of the parties’ relationship and helps determine their respective rights and obligations.
- Whether a breach occurred: Courts consider whether a party failed to comply with a contractual obligation and the nature of the alleged breach.
- The actions and communications of the parties: Correspondence, negotiations, and conduct before and after the alleged breach may be relevant to understanding the parties’ intentions.
- The losses suffered: Where damages are claimed, courts consider the evidence supporting the alleged losses and whether they are connected to the breach.
- The availability of appropriate remedies: Courts may consider whether financial compensation, enforcement of the agreement, or another remedy is appropriate based on the circumstances.
Real estate disputes often involve detailed analysis of contracts, timelines, and the steps taken by the parties following a failed transaction. Small differences in the wording of an Agreement of Purchase and Sale or the conduct of the parties can affect the outcome of a dispute.
At Lakhan Tram LLP, we represent buyers, sellers, and property owners involved in Agreement of Purchase and Sale disputes throughout Ontario. Our lawyers assist clients with complex real estate litigation matters by providing strategic representation focused on protecting contractual rights and achieving practical resolutions.
Resolving a Dispute: Negotiation, Mediation, Litigation
Disputes arising from Agreements of Purchase and Sale can often be complex, involving significant financial interests and important contractual rights. While some disputes can be resolved through direct discussions between the parties, others may require formal dispute resolution processes, including mediation, arbitration or litigation.
The appropriate approach will depend on the circumstances of the dispute, the positions of the parties, and the terms of the Agreement of Purchase and Sale.
Negotiation
Negotiation involves the parties, often with the assistance of their lawyers, attempting to resolve the dispute through discussions and settlement proposals. This approach can provide an opportunity to address the issues efficiently while allowing the parties to maintain greater control over the outcome.
Mediation
Mediation involves a neutral third party assisting the parties in identifying issues, exploring potential solutions, and working toward a mutually acceptable resolution. Mediation can be an effective process for parties seeking to resolve a dispute without proceeding through a full court hearing.
Arbitration
In Ontario, arbitration is a private method of resolving legal disputes in which the parties agree to have their dispute decided by an independent and impartial arbitrator instead of a court. The arbitrator hears evidence and legal submissions from each party and then issues a decision, known as an arbitral award, which is generally final and binding, subject to limited rights of appeal or judicial review in accordance with the parties’ agreement and applicable legislation. Arbitration is governed primarily by the Arbitration Act, 1991
Litigation
Where a dispute cannot be resolved through negotiation or mediation, litigation may be required. Court proceedings allow parties to present evidence and legal arguments before a judge, who determines the parties’ rights and obligations based on the applicable law and the facts of the case.
Real estate disputes involving Agreements of Purchase and Sale may involve important issues relating to contracts, deposits, damages, ownership interests, and closing obligations. Choosing the appropriate method of resolution requires careful consideration of the nature of the dispute and the desired outcome.
At Lakhan Tram LLP, we assist buyers, sellers, and property owners throughout Ontario with real estate disputes arising from Agreements of Purchase and Sale. Our lawyers provide strategic representation through negotiation, mediation, and litigation with a focus on achieving practical and effective resolutions.
What To Do If You're Facing a Breach
A breach of an Agreement of Purchase and Sale can create uncertainty and significant financial concerns for both buyers and sellers. Whether you believe the other party has failed to comply with the agreement or you have been accused of breaching your obligations, taking timely and informed steps is important.
If you are facing a potential breach of an Agreement of Purchase and Sale, common steps to consider include:
- Review the Agreement of Purchase and Sale: The terms of the agreement establish the parties’ obligations and may identify important timelines, conditions, and requirements.
- Preserve relevant documentation: Keep records of communications, notices, amendments, deposit information, and other documents relating to the transaction.
- Avoid making assumptions about your rights or obligations: Real estate disputes can involve complex contractual issues, and the consequences of certain actions may depend on the circumstances.
- Communicate carefully: Correspondence between the parties may become relevant if a dispute proceeds further. Clear and appropriate communication can help preserve the parties’ positions.
- Seek professional guidance: Obtaining advice early can help parties understand the nature of the dispute and the available options for addressing it.
The steps taken after an alleged breach can have a significant impact on how a dispute develops. Issues involving closing dates, deposits, damages, and enforcement of an Agreement of Purchase and Sale often require careful consideration of both the contract and the surrounding circumstances.
At Lakhan Tram LLP, we assist buyers, sellers, and property owners involved in real estate disputes throughout Ontario, including disputes arising from alleged breaches of Agreements of Purchase and Sale. Our lawyers provide strategic representation focused on protecting clients’ interests and resolving disputes efficiently.
