Jason Bryk 

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Real Estate Law

Uncertainty in Purchase and Sale Agreements for Land

Kirchner et al. v. Dielmann Holdings Ltd., 2014 MBCA 21. the Manitoba Court of Appeal dismissed the defendant's appeal of its unsuccessful motion to declare a land purchase agreement null and void and discharge a pending litigation order against its property. The defendant argued that the agreement was void for uncertainty since no dates were specified for obtaining approval of the subdivision and closing. The appeal court disagreed, noting that a court can imply a term that a subdivision was required, and that both parties must act in good faith and take all reasonable steps to complete the subdivision and the sale in order to give the purchase agreement business efficacy.

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