Legal Question in Real Estate Law in Canada

real estate purchase in british columbia canada

Is it possible for the developer of a condominium project in Victoria BC to pursue litigation for damages in the event that purchaser can not or does not want to close on a unit. the purchasers are US citizens.


Asked on 7/01/09, 2:59 pm

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

Re: real estate purchase in british columbia canada

Yes. You should read the contract. It almost certainly states where breach of contract claims shall be filed (probably in the courts of BC) and probably required both parties to agree to the jurisdiction of that court. So they probably can file a breach of contract lawsuit against you in BC. If you do not appear, they will obtain a default judgment. Then, using treaties for the international enforcement of judgments, they will file their judgment in a court near you, such as the Multnomah County Circuit Court. You can file an objection to the judgment, but you would need to have a good reason for breaching the contract (such as you were misled when you signed it, the contract contains fraudulent misrepresentations, etc.).

So, if they wish to pursue your breach of contract, you will end up in court and be subject to a judgment against you for breach of contract damages, which would be what you promised to pay them less what they were able to sell the property for to someone else (unless the contract you signed specifies some other measurement of damages).

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Answered on 7/02/09, 8:00 am


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