What is the legal test for disposition of a deposit in a real estate transaction?
Alberta, Canada
The following excerpt is from Greschuk v. Bizon, 1976 ALTASCAD 121 (CanLII):
As regards to disposition of the deposit in Howe v. Smith the essence of the reasoning of the judgments delivered by their Lordships in that case is that where a purchaser by his conduct fails to complete the contract and that conduct amounts on his part to a repudiation he should not be permitted to recover his deposit.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of proximity between investors in a real estate transaction where the real estate agent is selling real property in real estate? (Alberta, Canada)
Can a client waive privilege over the legal advice given to them by their lawyer regarding a real estate transaction? (Alberta, Canada)
Can a husband who has agreed to pay spousal support without the benefit of legal counsel argue that when he signed an agreement to pay support, when he did not have the legal counsel? (Alberta, Canada)
Can a party who signed an agreement for sale against the estate of a deceased vendor for an undivided one-half interest in a property be allowed to enter into the record of the transaction? (Alberta, Canada)
How does the doctrine of merger apply in the context of real estate transactions? (Alberta, Canada)
Does the fact that an executor of an estate has not been examined for discovery of the estate be considered invalid? (Alberta, Canada)
How have courts interpreted the principle that no transfer or ownership passes or passes the estate unless the estate has already been registered? (Alberta, Canada)
Does time remain of the essence in a real estate transaction? (Alberta, Canada)
Does a vendor breach the trust condition in a real estate transaction? (Alberta, Canada)
What is the legal test for determining costs where the estate must pay costs to an unsuccessful party? (Alberta, Canada)
