Paralegal Case Studies

How a seller of a home can obtain the deposit monies that were paid by a purchaser when that purchaser breached the Agreement of Purchase and Sale by not being able to finalize the purchase of the home on the closing date.

My client had hired a contractor to do a partial renovation of her kitchen.My client paid a deposit. The contractor never completed the work. After receiving excuse after excuse from the contractor as to why he was unable to supply the counter-top and finish the work that he had contracted to do, my client terminated his services and had to hire a reputable contractor to get the work done.

An individual sold his residential property located in Etobicoke. The buyer put down a $10,000.00 deposit at the time of entering into the Agreement of Purchase and Sale. On the day of closing, the buyer was not able to close and the sale did not go through. At law, the buyer would forfeit his $10,000.00 deposit to the seller for his breach of the agreement. However, the buyer refused to agree to allow the real estate brokerage firm which was holding the $10,000.00 in trust to pay it to the seller. The seller retained me to obtain the $10,000.00 deposit money for him.

My client purchased hardwood flooring on April 24, 2018, from a retail flooring company in Brampton, Ontario. The flooring was not in stock and had to ordered. My client put down a $3,500.00 deposit with a balance of $3,882.00 to be paid when the flooring would arrive in two weeks. By May 30th, the flooring had still not arrived and the retailer was not responding to my client’s inquiries as to when the flooring would arrive.