“A man who put down and then lost a $745,000 condo deposit when he failed to complete the sale can’t get his money back, says a B.C. Court of Appeal ruling.
Afrasiab Amiri agreed in 2005 to pay a 25 per cent deposit of $745,325 for a $2.9-million condo in the Erickson development, located on the oceanfront on False Creek, before construction was completed.
The condo sale was valued at more than $3 million after the developer agreed to install limestone floors, which increased the price by $71,300.
The balance of the purchase price was to be paid on closing, but the purchaser did not secure financing to complete the deal by the contract deadline.
The seller refused further extensions, and relying on the terms of the contract retained the purchaser’s deposit.
Amiri filed legal action, claiming the seller was in breach of the contract. He sought the return of his deposit, contending the contractual terms calling for its forfeiture were invalid.
The trial judge rejected Amiri’s claim, and on Tuesday three judges of the B.C. Court of Appeal upheld the lower court’s ruling.”
– from ‘Man loses $745,000 deposit after $3-million Vancouver condo deal fails: court’, Canadian Press, 9 Apr 2013
It’d be interesting to know why “the purchaser did not secure financing to complete the deal by the contract deadline”.
Was it for reasons specific to the individuals economic situation, or was it because the market value of the property had plunged and no lender would consider making the loan?