The court considered whether an Agreement of Purchase and Sale (APS) for a commercial property remained valid after the buyer failed to waive conditions by the deadline.
The buyer argued the seller had waived strict reliance on deadlines and sought specific performance.
The seller moved for summary judgment, asserting the APS had terminated automatically.
The court found the APS terminated on its terms when the buyer failed to provide the waiver, and that the seller had not waived its rights.
The seller’s summary judgment motion was granted, and the buyer’s request for specific performance was dismissed.
