In what circumstances can a plaintiff withdraw or rescind a portion of his investment in a real estate transaction?
British Columbia, Canada
The following excerpt is from Precursor Capital Corp. v HydRx Farms Ltd., 2018 BCSC 1150 (CanLII):
In Bhangoo v. Soon, 2010 BCSC 826 at para. 54, the plaintiff “sought the return of his investment on the theory that there had been a fundamental breach of contract resulting in a total failure of consideration. He had exercised his right to rescind in light of that failure of consideration.”
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