The appellant appealed a summary judgment dismissing her claim and granting the respondents' counterclaim in a failed residential real estate transaction.
The Court of Appeal dismissed the appeal, finding no palpable and overriding errors in the motion judge's factual findings or errors of law.
The appellant's arguments regarding title ownership at the time of contract signing and the need for consent for title transfer were rejected, as the seller was able to convey good title at closing and the appellant had entered into an amendment with knowledge of the title change.
The appellant failed to tender the purchase price, justifying the forfeiture of the deposit.
