The appellant appealed a decision regarding the interpretation of an agreement of purchase and sale.
The appellant had inserted an earlier date as the acceptance date, which would have shortened the 60-day due diligence period.
The Court of Appeal upheld the motion judge's finding that the contract was created on the date the written acceptance was delivered to the purchaser.
Consequently, the purchaser's withdrawal was within the due diligence period, and it was entitled to the return of its deposit.
The appeal was dismissed.
