What remedy is available to a purchaser of a property that is subject to a mortgage?
Saskatchewan, Canada
The following excerpt is from Kristian Equipment Ltd. v. Urano Rentals Ltd. and Onishenko, 1988 CanLII 5038 (SK QB):
A somewhat similar remedy was granted in an English case, Grant v. Dawkins, [1973] 3 All E.R. 897 (Ch.). Unknown to the plaintiff at the time of entering into an agreement to buy land, the property was subject to mortgages. The court held that the purchaser was entitled to take what he could get and required the vendor to convey the property to him subject to the mortgages and receive compensation for the deficiency.
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