The plaintiff vendor brought a motion for summary judgment against the defendant purchaser for failing to close a real estate transaction.
The purchaser had entered into an unconditional agreement of purchase and sale but failed to close because she could not sell her own property in a cooling market.
The vendor relisted and sold the property for a lower price and sued for the difference and carrying costs.
The court granted summary judgment, finding the purchaser breached the agreement and the vendor reasonably mitigated her damages by reselling the property at fair market value.
