The plaintiffs sought specific performance of an Agreement of Purchase and Sale for a residential property, or damages in the alternative, after the defendants refused to close the transaction.
The defendants argued the agreement was invalid and brought a third-party claim for collusion against their real estate agent and brokerage.
The defendants failed to attend trial despite court orders.
The court found the property unique to the plaintiffs' multi-generational family needs and determined that damages would be an inadequate remedy due to the defendants' financial inability to pay.
Specific performance was granted to the plaintiffs, and the third-party claim was dismissed due to lack of evidence.
Substantial indemnity costs were awarded against the defendants.
