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Deposit forfeited when purchaser failed to close

On this motion for partial summary judgment, the motions judge held that the purchaser had forfeited the deposit when he refused to close the real estate transaction in the 2017 downturn in the residential real estate market. The judge found that the reasons given by the purchaser were not valid. He therefore ordered that the deposit be released to the seller. He further ruled that the seller could proceed with her claim for additional damages once the house was re-sold and the damages could be properly assessed.  2017 ONSC 7602