A buyer and seller in Alberta have a firm purchase contract, but the buyer discovers before completion that the seller has accepted a higher offer from another party. What legal remedy is available to the buyer?
Correct Answer
B) The buyer may seek specific performance, compelling the seller to complete the sale
When a seller breaches a firm purchase contract by attempting to sell to another party, the buyer may seek the equitable remedy of specific performance, which is a court order compelling the seller to complete the original sale. Courts grant specific performance for real estate because each property is considered unique.
Why This Is the Correct Answer
Under Alberta law, when a seller breaches a firm purchase contract, the buyer may seek specific performance — a court order compelling the seller to complete the original sale. Courts grant this remedy for real estate because each property is considered unique, making monetary damages inadequate to fully compensate the buyer.
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