The parties, brothers and sole beneficiaries of their mother's estate, disputed the disposition of the estate's primary asset, a residential property.
They had agreed the respondent would purchase the applicant's 50% interest, but the transaction failed to close.
The applicant sought an order to list the property for sale, while the respondent brought a cross-motion for specific performance of the purchase agreement.
The court found that the applicant breached the agreement by unilaterally deciding not to close.
Given the property's unique importance to the respondent, who had lived there for years and cared for their parents, the court ordered specific performance, granting the respondent 90 days to complete the purchase.
