A realtor appealed a motion judge's decision dismissing a summary judgment motion in a negligence and improvident sale claim.
The key issue was when a two-year contractual limitation period commenced: at the time the Agreement of Purchase and Sale was signed or at closing.
The motion judge found the limitation period began at closing because no damage occurred prior to that time.
The Court of Appeal upheld this decision, holding that while negligent acts may have occurred before the agreement was signed, damage is an essential element of negligence and did not accrue until title transferred at closing.
