Carter v. Savage

Carter v. Savage

Section 3 of the Agreement (PCDS) required Sellers to advise Buyer of changes in condition prior to closing; Sellers did notify Buyer of the roof repair and Buyer’s solicitor provided notice that the Buyer was not satisfied, which under clause 3 entitled either party to terminate. The Buyer validly terminated and is entitled to return of the $6,000 deposit; Sellers’ counterclaim dismissed.

Citation
2015 NSSM 51
Parties
Claimant: Madeleine Carter; Defendant: Kevin Jonathan Savage; Defendant: Lacey Dawn Savage
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 December 2015
Procedural Posture
Real Estate Purchase Agreement Dispute (small Claims Court) / Decision
Outcome
Claimant's claim allowed; deposit of $6,000 returned to Claimant; Defendants' counterclaim dismissed; court costs of $199.35 awarded to Claimant; no prejudgment interest awarded unless trust account was interest-bearing (in which case interest to Claimant).
Legal Topics
Termination of Contract, Property Condition Disclosure Statement, Deposit Forfeiture, Non Disclosure/misrepresentation
Source Language
English
Contract Law Real Property Termination of Contract Property Condition Disclosure Statement Deposit Forfeiture Non Disclosure/misrepresentation

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Parties

Madeleine Carter

Claimant

Kevin Jonathan Savage

Defendant

Lacey Dawn Savage

Defendant

Procedural Posture

Real Estate Purchase Agreement Dispute (small Claims Court) / Decision

Legal Issues

  1. 1 Whether the Buyer breached the contract or was permitted to terminate under the Purchase and Sale Agreement
  2. 2 Whether the Buyer is entitled to return of the $6,000 deposit
  3. 3 If the Buyer was bound by the contract, what remedies and damages are available to the Sellers

Ratio Decidendi

Section 3 of the Agreement (PCDS) required Sellers to advise Buyer of changes in condition prior to closing; Sellers did notify Buyer of the roof repair and Buyer’s solicitor provided notice that the Buyer was not satisfied, which under clause 3 entitled either party to terminate. The Buyer validly terminated and is entitled to return of the $6,000 deposit; Sellers’ counterclaim dismissed.

Court Disposition

Claimant's claim allowed; deposit of $6,000 returned to Claimant; Defendants' counterclaim dismissed; court costs of $199.35 awarded to Claimant; no prejudgment interest awarded unless trust account was interest-bearing (in which case interest to Claimant).

Orders

  • Return deposit of CAD 6000.00 to Claimant Madeleine Carter
  • Dismissal of Defendants' counterclaim