Bernardino Grande

The plaintiff Receiver sued the defendant purchaser for damages after the purchaser failed to close a $12.2 million agreement of purchase and sale for a luxury residential property.

The purchaser argued he was entitled to terminate the agreement and receive his deposit back because the property suffered substantial water and mould damage prior to closing, and that the Receiver anticipatorily breached the agreement by refusing to extend the closing date.

The court found that the damage was not substantial, the Receiver did not repudiate the agreement, and the purchaser breached the contract by failing to close.

The Receiver was awarded over $5.3 million in damages, including the deficiency in the resale price, auction fees, and holding costs.

The plaintiff unit owner brought a motion for a mandatory interlocutory injunction against the defendant condominium corporation, seeking orders for expert opinions, alternative accommodation, and repairs to her unit following water damage and mould contamination originating from the common elements.

The court dismissed the motion, finding that the plaintiff failed to meet the high threshold of a strong prima facie case or demonstrate irreparable harm, particularly given the condominium corporation's undertaking to pay $100 per day for alternative accommodation and to repair the unit.