Is the payment of a deposit a fundamental term in a real estate transaction?

Parties to a contract are at liberty to specify those terms that they consider to be fundamental to it. Here they have done that. There is, therefore, no need to consider the authorities cited by the plaintiff as to what is and what is not a fundamental term. If, however, authority is required on whether the payment of a deposit in a real estate transaction is a fundamental term, it can be found in Ribic v. Weinstein, [1982] O.J. No. 982 (H.C.J.) where at paragraph 18 Grange J. said: The deposit is an integral, indeed, a fundamental part of a contract for the sale of land.