the real/estate blog


Specific performance

Posted in Real Estate by Cesia Green on May 24, 2013
Tags: ,

You put in an offer and it was accepted, but some time before the closing date, the seller decided not to complete the deal. Can you sue to make them sell you the property?

In Ontario, there is a concept called “specific performance” which, essentially, means that you are looking to have the contract fulfilled rather than get compensated for your loss. Specific performance, however, is not an easy thing to get. Generally, courts prefer to award damages (that must be proven) rather than force specific performance. Specific performance will usually only be ordered when the property is so unique that it would be impossible to find something similar. As always, consult a litigation lawyer before assuming that you can get the house in the end.

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