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Important Tips for Completing a Residential Contract for Sale and Purchase – Part 15: Default and Dispute Resolution

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Important Tips for Completing a Residential Contract for Sale and Purchase – Part 15: Default and Dispute Resolution

December 15, 2015
Tanishia Stokes
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Default (Continued)

The second part of section 15 discusses the Seller’s default. If the Seller does not perform their obligation under the Contract for any reason other than failing to make the title marketable after diligent effort, the Buyer is entitled to receive their Deposit back. The return of the Deposit to the Buyer does not constitute a waiver of any action the Buyer may have for damages that resulted from the Seller’s breach. As a result, the Buyer would also be entitled to recover damages or request specific performance.

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