The appellants appealed a declaration that an agreement of purchase and sale became null and void due to their failure to properly deliver a notice of waiver of a due diligence condition.
The appellants argued that delivering the notice to the respondents' home and to a real estate representative satisfied the general notice provision in the agreement.
The Court of Appeal dismissed the appeal, finding that the specific language of Schedule A required the waiver notice to be brought to the personal attention of the sellers, which did not occur in a timely fashion.
