A. Gabriele

The plaintiff obtained a summary judgment against the defendant vendor for an aborted real estate transaction.

After the appeal period expired, the plaintiff filed a writ of seizure and sale against the vendor's property.

However, prior to the writ being filed, the vendor had entered into an agreement of purchase and sale with a third-party purchaser.

The plaintiff brought a motion for an interim order to prevent the transfer of the property and declare its writ valid.

The court dismissed the motion, applying the principle that once an agreement of purchase and sale is signed, the purchaser acquires an equitable interest in the property, and a subsequently filed writ of execution against the vendor does not bind the purchaser's interest.

This motion for summary judgment concerned a failed real estate transaction where the buyer, Kandlproperties Inc., sought specific performance or damages from the seller, Big Bang Consulting Inc. The central issues were whether a text message constituted valid written notice to extend the closing date and the appropriate remedy.

The court found that the text message validly extended the closing date, making the seller, Big Bang, in breach of the agreement.

However, specific performance was denied as the property was not deemed unique, and damages were found to be an adequate remedy.

Damages were assessed based on the fair market value of the property at the date of breach.