When will a court order a refund of the deposit on a real estate agent's real estate loan?
Ontario, Canada
The following excerpt is from Dar v. The Yards Corporation, 2018 ONSC 5043 (CanLII):
Counsel referenced other cases, including Porto v. Di Domizio, 1996 CarswellOnt 9, (S.C.J.) at paragraph 11, wherein the court noted that neither law nor equity allowed for keeping of the deposit in that case. The court noted what quantum of deposit would be fair for the seller to keep, and ordered a refund of the remainder of the deposit.
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