Is a real estate agent required to notify the purchaser that it had repudiated a purchase agreement?

British Columbia, Canada


The following excerpt is from Homestar Industrial Properties Ltd. v. Philps, 1992 CanLII 570 (BC CA):

26 In the result, the case at bar is governed, as the trial judge held it to be, by Norfolk v. Aikens, supra. Not having given notice to the purchaser that its anticipatory repudiation had been accepted it was bound to perform its obligation under the contract. It failed to tender clear title and cannot now rely upon the purchaser's anticipatory breach as the basis for retaining the deposit.

Other Questions


Does a purchaser have a right to resile from a contract of purchase and sale if the purchaser fails to complete the purchase at the agreed price? (British Columbia, Canada)
What constitutes the "entire agreement" clause in an agreement of purchase and sale? (British Columbia, Canada)
Does a warranty that was not included in a purchase agreement of real estate be incorporated into the conveyance? (British Columbia, Canada)
What is the effect of a Power Purchase Agreement on a Possessory Interest Agreement? (British Columbia, Canada)
What is the test for establishing a collateral agreement where the collateral agreement is inconsistent with or contradicts the written agreement? (British Columbia, Canada)
Is a contract that requires the purchaser to take all reasonable steps necessary to meet the terms of the contract? (British Columbia, Canada)
Is specific performance a presumptive remedy for the purchase and sale of real estate? (British Columbia, Canada)
Does the court have the power to extend the time for specific performance of the purchasers covenant under the agreement for sale? (British Columbia, Canada)
How has the value of a parcel of land been determined in real estate law in the context of real estate transactions? (British Columbia, Canada)
What is the standard of care expected of a prudent real estate agent? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.