Property Law Act, s.6—Seller Must Have Title to Sue; Commission Case—No Breach of Fiduciary Duty #373

By Gerry NeelyB.A. LL.B. A couple who agreed to purchase a yet-to-be-constructed condominium from a developer repudiated the agreement after it was built because their complaints could not be resolved. The developer and the real estate agency entitled to a commission sued for forfeiture of the $391,000 deposit. The developer consisted of a company and …