AMLC’s Wanda Simek and Alina Chekh secure the return of a $1 million deposit in a failed real estate transaction
Wanda Simek and Alina Chekh successfully represented the plaintiff, a potential purchaser who entered into a contract to buy a luxury property from the developer/seller. Although the potential purchaser was ready to close on the completion date, the seller was not. The plaintiff accepted the seller’s repudiation, terminated the contract, and sued to recover the deposit.
The court agreed with the plaintiff, finding that the seller breached the fundamental terms of the contract by failing to complete all construction work, provide an occupancy permit, and clear title by the closing date, and ordered that the seller return the $1 million deposit to the plaintiff.
The court also found the seller’s history of non-compliance with discovery obligations and court orders, along with the failure to engage meaningfully in the litigation, warranted awarding special costs to the plaintiff.
To read the decision, visit 2024 BCSC 1828. For more information on AMLC’s real estate litigation practice, please contact Wanda at wanda@amlc.ca or Alina at alina@amlc.ca.