The case involves a failed residential real estate transaction where Scott Petrie and Kathleen Petrie, the appellants (buyers) breached an agreement of purchase and sale (APS) dated May 14, 2022, for $810,000.
The appellants provided a $15,000 deposit but notified Lloyd Switzer and Violet June Switzer, the respondents (sellers) they would not close the transaction.
The respondents re-listed the property and eventually sold it for $600,000, significantly below the original APS price.
Key Issues on Appeal:
Mitigation of Damages: Whether the respondents made reasonable efforts to mitigate their losses by selling the property for less than the original purchase price.
Suitability for Summary Judgment: Whether the case was appropriate for a summary judgment rather than a full trial.
Court's Decision:
The appeal was dismissed.
The motion judge did not err in granting summary judgment, determining that a full trial was unnecessary as the appellants failed to provide sufficient evidence of improvidence or inadequate mitigation efforts.
The appellants did not present any expert evidence or challenge the adequacy of the respondents’ efforts to sell the property.
The appellants' request for a mini-trial, as in Marshall v. Meirik, was rejected.
Disposition:
The appeal was dismissed, and the respondents were awarded $5,000 in costs.
