The plaintiffs brought a motion for summary judgment in an action for damages arising from the defendants' failure to close a residential real estate transaction.
The defendants argued the agreement was void due to issues with a power of attorney, misrepresentation of square footage, and failure to provide a survey.
The court found no genuine issue requiring a trial on liability or mitigation of damages.
Summary judgment was granted in favour of the plaintiffs for forfeiture of the deposit and damages for the loss in property value and increased commission fees upon resale.
