Mary Sharma signed an Agreement of Purchase and Sale (APS) with Provident Holdings to buy a condominium unit.
The initial closing date was July 4, 2022, later postponed to October 14, 2022.
Provident terminated the agreement on October 13, 2022, citing alleged breaches by Mary, including unauthorized entry, assault, and defamatory language.
· Legal Issues:
Did Provident have cause to terminate the APS?
Is Mary entitled to specific performance or damages?
· Court Findings:
Provident did not have just cause to terminate the APS; breaches alleged by Provident were either non-material or not proven.
The court found Mary is entitled to specific performance of the contract due to the unique nature of the property and other equitable considerations.
· Outcome:
Provident breached the APS by refusing to close.
Mary was awarded specific performance and associated damages.