Is a vendor required to deliver a transfer before the purchaser can tender the purchase?
Alberta, Canada
The following excerpt is from Centurian Ridge Farms Ltd. v. Boyle, 1978 CanLII 720 (AB QB):
In an unreported decision, Kuntz v. Thorns, handed down in the judicial district of Medicine Hat on 9th February 1978, Whittaker D.C.J. came to the same conclusion, namely, that in the absence of any specific stipulation in a written agreement there is no requirement upon a vendor to deliver a transfer before the purchaser is obliged to tender the purchase moneys. He further held that such moneys must be tendered by the closing date if time is of the essence and that there is no obligation placed upon the vendor to seek out the purchaser or his solicitor.
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