Does a contract of purchase and sale require that a deposit be paid in a different way than the deposit is paid?
British Columbia, Canada
The following excerpt is from Khullar v. Lee, 2011 BCSC 1648 (CanLII):
Where a contract of purchase and sale requires that a deposit be paid in a certain way, but the deposit is paid in a different way, the court may also find that the deposit has been effectively paid, even though technical compliance with the contract has not been conducted: Kaler v. Scales [2009] B.C.J. No. 681, (B.C.S.C.) at paras. 81-84. i.e. If substantial compliance has been fulfilled, the payor should be relieved from terms of strict fulfillment on equitable grounds.
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