This is a case not suitable to current downside market.
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2017-5-16(#10804130@0)+1
If the new sale cannot make profits to all parties on the property in dispute, especially in court motions, this property should not be attempted for a resale by any means.
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2017-5-16(#10804141@0)+1
In this case, if the seller sold the property at a lower price and claimed a damage caused, the buyer may file an anti-motion for court investigation if the new sale was fair and the procedure was legit.More or less there would be drawbacks found in any real estate transactions.
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2017-5-16{76}(#10804144@0)+2
Conclusion: Why there were few court rulings in dispute of real estate transactions? The reason is that nobody can afford to the court ruling in comparison to a much lower cost of mutual release or out-of-court settlement.
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2017-5-16(#10804146@0)+1
How do you prove the "Damage" is real? If the seller don't sell the property, there would be no "Damage" at all. And if the original sale was fair, why the new sale cannot be at least at par?
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2017-5-16(#10804216@0)
That's why the deposit applied here.The sale price must be fair from the day of contract to the day of completion. There is no damage which can be claimed more than the deposit. The rules made by TREB becomes meaningless if the sale price is no longer fair. Contract must be judged by law. TREB cannot make law.
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2017-5-16{275}(#10804362@0)