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Specific performance of a residential real estate agreement was granted because the property was unique and the sellers lacked funds to pay damages.
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.
