Quebec Real Estate Licensing Exam Practice · Question
A buyer made a Promise to Purchase a commercial building in Gatineau. The Promise was firm and without conditions. After accepting the Promise, the seller received a significantly higher offer and refused to sign the deed of sale. What is the buyer's primary recourse in this situation?
If a Promise to Purchase is firm and without conditions, and the seller defaults, the buyer can demand specific performance, meaning they can legally compel the
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Question: A buyer made a Promise to Purchase a commercial building in Gatineau. The Promise was firm and without conditions. After accepting the Promise, the seller received a significantly higher offer and refused to sign the deed of sale. What is the buyer's primary recourse in this situation?
Answer options:
- Cancel the Promise to Purchase and recover their deposit. ✅ Demand specific performance of the Promise to Purchase before the courts.
- Seek only monetary damages for the difference between the two offers.
- Force the seller to accept the higher offer and split the profit.
Correct answer: Demand specific performance of the Promise to Purchase before the courts.
Explanation: If a Promise to Purchase is firm and without conditions, and the seller defaults, the buyer can demand specific performance, meaning they can legally compel the seller to sign the deed of sale as per Article 1712 of the Civil Code of Québec, without prejudice to damages.
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