Can an Agreement to List constitute an agreement to agree in the future?
British Columbia, Canada
The following excerpt is from Century 21 Coastal Realty Ltd. v 0863846 B.C. Ltd., 2017 BCSC 1498 (CanLII):
For purposes of clarity, I find no merit to the defendants’ assertion that the Agreement to List constitutes an agreement to agree in the future. List-back agreements, like the Agreement to List at issue here, can be validly binding contracts. They are not merely agreements to agree. The nature of these types of agreements was discussed by Madam Justice McLachlin (as she then was) in Pearman v. Crest Realty Ltd., [1984] B.C.J. No. 823 at paras. 3-4.
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