Residential Agreement of Purchase and Sale Disputes in Ontario

Are you a buyer or seller facing a failed real estate closing — a residential transaction that did not close as agreed? Are you involved in a deposit dispute over whether a deposit should be returned or forfeited after a failed transaction? Or did you discover a serious defect, title problem, misrepresentation, or undisclosed issue after purchasing a home? Residential agreement of purchase and sale disputes can arise before, on, or after closing and may require prompt legal action to protect your position.

What affects your rights and what is at stake

Your rights and obligations may be affected by the wording of the agreement, its conditions and representations, communications between the parties, the reason the transaction failed, and the steps taken after the dispute arose. The financial stakes can be substantial and may include the deposit, a difference in resale price, carrying costs, repair expenses, and other losses resulting from the breach.

Remedies that may be available

Depending on the circumstances, the available remedies may include:

• recovery or forfeiture of the deposit
• damages
• rescission
• rectification
• an order requiring the transaction to be completed (specific performance)

How Zel Law can help

If a residential purchase or sale has broken down — or you believe important information was misrepresented or withheld — speaking with a real estate litigation lawyer early can help you understand your rights, preserve relevant evidence, and assess the available remedies. Zel Law’s litigation lawyer has experience with residential agreement of purchase and sale disputes. Book a consultation to discuss:

• the agreement
• the events leading to the dispute
• the losses involved
• the steps that may help protect your position

Related disputes

This is part of Zel Law’s real estate litigation practice in Ontario. For how fees work, see our flat-fee options.

• Partition & Sale
• Real Estate Fraud