I am already out. Not sure if the price would drop a lot in Calgary. However, it may drop more on other part of AB.I haven't read this whole thread but if there is a way you can get out of a sale for a house in Alberta I would jump at it. That province is toast. Pulease Wexit! haha
Yes, the seller didn't sign the amendment as the realtor of seller clearly stated that they received a better offer. If they hadn't received a better offer, the seller would definitely complete the deal with me.No. An amendment requires agreement from both sides. In your case, the seller did not sign on it, right?
It's not about $400. What would happen if the seller didn't receive that better offer? They would definitely complete the deal with us.All this for $400? Most people won’t bother to be honest.
I have found that the civil law duty counsel at Calgary Courts Centre offers free half an hour lawyer service (Home Page - Pro Bono Law Alberta) but it's suspended now due to Covid-19. I will speak with them once they start again.I don't think the OP said he saw his damages as limited to $400.
If he has a case, it's worth quite a bit more. In post #77, supra, he said the vendors sold for $348K. His contract price was for $340K. So, right there is a good indicator of the value of one head of damages, namely, the difference between the contract price and what the sellers gained by breaching their contract. I would ask for that $8,000 as damages. Plus the $2,500 or whatever it was the vendors agreed to pay for deficiencies. Plus costs related to what may have been an unnecessary move, etc.
In the circumstances, if I were prosecuting the claim, while I would not ask (as the OP suggested in his first post) for damages for mental suffering, etc., I would probably ask for a modest sum (say $3,000) as punitive damages. Perhaps a bit of a stretch, but not a completely outrageous a proposition.
What I see in this case is that the vendors assented to the "amendment". In fact, the amendment was of their own construction. They said to their realtor, in effect "We'll pay X dollars to rectify deficiencies in order to keep this deal on foot." Their agent corresponded with the buyers and their agent, who sent back word, using a contract amendment form, saying, in effect: "We agree to the change in terms offered by the seller." That, I see as quite arguably the punctum temporis where the contract gelled. There was no more than needed to be done. That was, in law, consensus ad idem, a meeting of the minds. Both parties now had a mutual understanding of the terms on which their contract would be carried out. What more needed to be done?MP....It would appear that you are saying that vendors can't change their mind if presented with an Amendment to the original contract, if there is some proof of ongoing negotiations by the realtors.
What if the vendor decided they didn't want to sell their home because they didn't agree with the Amendment after further consideration ?
Would they be forced by the courts to sell the property despite there being no signed agreement ?
Perhaps then the question to ask is at what point in the process does the vendor lose their right to change their mind.