Alberta Real Estate Licensing Exam Practice · Question
A buyer and seller have a firm and binding purchase contract for a residential property. Days before possession, the seller informs the buyer they have changed their mind and will not convey the property. The buyer wants to proceed with the purchase. Which legal action is most appropriate for the buyer to pursue?
Specific performance is an equitable remedy available when monetary damages are insufficient to compensate the injured party, particularly in real estate transa
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Question: A buyer and seller have a firm and binding purchase contract for a residential property. Days before possession, the seller informs the buyer they have changed their mind and will not convey the property. The buyer wants to proceed with the purchase. Which legal action is most appropriate for the buyer to pursue?
Answer options:
- Rescission of the contract, seeking a return of their deposit.
- Monetary damages for breach of contract, without purchasing the property. ✅ Specific performance, compelling the seller to complete the sale.
- Arbitration to resolve the dispute amicably.
Correct answer: Specific performance, compelling the seller to complete the sale.
Explanation: Specific performance is an equitable remedy available when monetary damages are insufficient to compensate the injured party, particularly in real estate transactions where each property is considered unique. It compels the defaulting party (the seller in this case) to perform their contractual obligations, which is to transfer ownership of the property.
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