While one of these factors alone was not enough to qualify as unique, they combined it. Given the activity in the housing market, the purchasers were unable to wait for a judgment on the specific benefit, and the court therefore compensated them financially for the “singularity” they lost when they were forced to buy a new home and awarded them $150,000 plus legal fees. The amount represented the increase in the price of the original home from the expected completion date until the day of the review. 2. Specific performance. An atypical remedy against a counterfeit contract in favour of a seller is a court that orders the buyer to purchase the property in question. It is rare for a court to find that damage to money is an insufficient solution or that there are other fair considerations, and that is why the buyer must buy the property. For the buyer, it is a strategic advantage to complain about a certain service. Some have called it “legal blackmail.” Once the buyer submits the Pendens, the seller can no longer hand over the property to another because of the cloud on the title. Any other buyer will not be able to obtain a marketable property that will effectively take the seller and the property hostage until a solution has been found. Most of the time, a salesperson is forced to settle down. In the event of a violation of a seller`s representation detected after the closure, corrective action may be based on EPI recovery parameters.
The EPI may contain a language concerning: (i) a basket or a deductible amount whose damage must be greater for the claim to be implemented; (ii) a maximum cap or amount of liability for the seller; and (iii) additional time for submissions and a period during which claims may be equal. Sellers will attempt to insert a high basket amount, a low grip ceiling and a very short survival time. Dollar amounts vary depending on the size of the transaction and the leverage of the parties to negotiate. Survival time can vary considerably from PPE to PPE, depending on the presentation and size of the transaction, and may vary within the EPI. When the injury is detected before closing and closing, no touch-ups are usually available. Both buyers and sellers should appreciate a predominant legal fee regime, such as: “In the event that one of the parties employs a lawyer in connection with the claims of one party against the other of the operation of this EPI, the non-dominant part of the party in power has all reasonable costs and costs, including legal fees , related to this transaction and the forfeiture of a court to be paid. This can significantly increase the cost of an offence. In appropriate circumstances, the court may, even before the contractual obligation in question has been breached, that the just right to take legal action presupposes that the applicant is acting in circumstances justifying the intervention of a fair court rather than requiring a means of bringing a legal action. A special benefit is ordered at the discretion of the Tribunal when the damages do not provide a full remedy or if a given benefit is “perfect and complete”.
If the parties enter into a purchase and sale agreement (GSP) for residential real estate, this will affect the breach of the agreement by not closing the transaction.