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.
