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Posts tagged Fundamental Breach.
Posted in Development, REDMA

Many land developers arrange to sell lots in a proposed development before the subdivision is completed.  The vendor benefits from the promise of confirmed future sales and non-refundable deposits.  Purchasers benefit from lower prices for purchasing early.  However, what happens if the land development is delayed.  Can a purchaser get a non-refundable deposit back?

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Last year I blogged about a Nanaimo commercial tenant who defeated her landlord’s claim for unpaid rent on the grounds the lease had been fundamentally breached as a result of a pervasive odour.  Neither the landlord, nor the tenant could find the source of the smell though it was related to the HVAC system.  The odour was adversely affecting the tenant’s retail ...

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Our Real Estate Law Blog provides brief commentary on current legal trends and developments affecting your business. The topics addressed in Lawson Lundell’s Real Estate Law Blog are of interest to commercial real estate developers, real estate and strata agents, investors, landlords and tenants, as well as a variety of industry groups. 

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