Exec Summary: Assignment listed on MLS, contract did not permit.
Buyer seeks the return of monies paid in accordance with the Agreement of purchase and sale which was terminated by the seller for alleged defaults by the Buyer.
Seller seeks a declaration that the deposits and other monies paid by the Buyer be forfeited due to the default.
A standard form schedule “X” formed a part of the agreement and imposed general restrictions on the Buyer’s ability to “assign, convey, list, sell, or transfer his rights under the APS without Yucca’s consent”.
The Buyer’s Agent listed the property as an assignment sale on MLS®. Consent was not obtained prior to listing the property.
Seller instructs their lawyers to terminate the agreement of purchase and sale due to the default by the buyer for listing the property.
The seller also complains about similar postings by the Agent on social media platforms (WeChat & WeiBo).
Judge finds that “Marketing or advertising a potential assignment, sale or transfer of the Purchaser’s rights under the APS, or of the Property itself, is not expressly restricted under section 14. The social media postings were not a direct or indirect assignment, conveyance, listing, sale, or transfer of the Purchaser’s rights under the APS, and that is all that section 14 restricts”. And that the seller’s words are “clear and unambiguous” and the “ordinary, grammatical, and literal meaning of the words of section 14 does not prohibit or restrict the social media postings”.
Conclusion: APS is declared at an end. Seller is ordered to repay the Buyer all monies paid pursuant to the APS + pre-judgement interest.
FULL CASE: https://www.canlii.org/en/on/onsc/doc/2019/2019onsc6150/2019onsc6150.html?searchUrlHash=AAAAAQALcmVhbCBlc3RhdGUAAAAAAQ
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