Under what circumstances can a seller legally refuse to leave chattels that were specifically included in the Agreement of Purchase and Sale?
Correct Answer
A) When the buyer has breached a material term of the agreement
Chattels included in the Agreement of Purchase and Sale are part of what the seller must deliver on completion. The seller can refuse to perform, including by keeping the chattels, only if the buyer has committed a material breach that allows the seller to treat the agreement as ended. Sentimental value, the timing of a walk-through, or damage after signing do not excuse the seller's obligation.
Why This Is the Correct Answer
This answer is correct because a material breach by the buyer, one that goes to the root of the contract, allows the seller to treat the agreement as terminated and stop performing it, including delivering the included chattels. Short of that, the seller must leave every chattel the agreement includes. Minor or technical failures by the buyer do not release the seller.
Why the Other Options Are Wrong
Deep Analysis of This Contracts & Agreements Question
Background Knowledge for Contracts & Agreements
Memory Technique
Exam Tip for Contracts & Agreements
Real World Application in Contracts & Agreements
Common Mistakes to Avoid on Contracts & Agreements Questions
Key Terms
More Contracts & Agreements Questions
What is the primary purpose of an Agreement of Purchase and Sale (APS) in a real estate transaction?
A buyer submits an offer with a financing condition that expires at 11:59 PM on Friday. The buyer's mortgage application is approved at 10:30 AM on Saturday. What is the legal status of the offer?
In Ontario, what is the significance of the 'irrevocable' period in an Agreement of Purchase and Sale?
Under what circumstances can a buyer waive a home inspection condition after discovering significant defects during the inspection?
Which of the following is NOT typically considered a standard condition in an Agreement of Purchase and Sale?
- → Which of the following is NOT typically considered an essential element for a valid contract under Canadian common law?
- → A buyer in BC wants to assign their pre-sale contract for a new development condo to a third party. Which statement is correct?
- → A commercial property purchase agreement includes a condition for environmental site assessment. The buyer's environmental consultant discovers soil contamination but the buyer decides to proceed anyway. To complete the purchase, the buyer must:
- → A buyer submits an offer with a financing condition that must be satisfied within 5 business days. On day 4, the buyer's mortgage application is approved but they want better terms. What can the buyer legally do?
- → In an exclusive listing agreement, what obligation does the seller have if they find a buyer themselves during the listing period?
- → Under the doctrine of 'time is of the essence' in real estate contracts, what is the legal significance when a party fails to meet a specified deadline?
- → What happens when a buyer waives a condition in an Agreement of Purchase and Sale?
- → Which of the following is a fundamental requirement for a valid contract under Canadian common law?
- → Sarah lists her home with ABC Realty under an exclusive listing agreement that expires on June 30th. On July 15th, she sells the property to a buyer who first viewed the home during an open house hosted by ABC Realty in May. Assuming a standard holdover clause exists, what is the likely outcome?
- → What happens when a condition in an Agreement of Purchase and Sale is not fulfilled by the specified deadline?
People Also Study
Real Property Law
60 questions
Agency & Professional Ethics
60 questions
Mortgage & Real Estate Finance
60 questions
Land Use & Planning
50 questions