What are the circumstances in which a purchaser defrauds vendors?
Ontario, Canada
The following excerpt is from Brunt v. Yen, 2006 CanLII 11905 (ON SC):
The facts in Tracy v. Atkins were extraordinary and far removed from those at bar. That case arose in the context of a real estate transaction where the solicitor’s client, the purchaser of the plaintiff’s property, conducted himself in such a way as to defraud the vendors of a significant sum of money. The vendors were elderly, had limited education, were unsophisticated about real estate affairs and were unrepresented. The purchasers’ solicitor had undertaken to carry out all the conveyancing in the transaction including work that would ordinarily be done by the vendors’ solicitor, such as registration of the mortgage back.
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