(a)
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under paragraph 7
of the Agreement of Purchase and Sale, Mr. Sood warranted that the
common expenses for the condominium were $285.96 per month, but the
Status Certificate indicated that the common expenses would be $314.56
per month (a 10% increase); |
(b)
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under paragraph
13 of the Agreement of Purchase and Sale, Mr. Sood represented and
warranted that there were no special assessments contemplated by the
condominium corporation, but the Status Certificate indicated that
there was a special assessment for a one-time payment of $457.87; and |
(c)
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under paragraph 3
of Schedule “A” of the Agreement, the Agreement was conditional upon
Ms. Tse’s lawyer reviewing the Status Certificate and attachments and
finding them satisfactory in the lawyer's sole and absolute discretion,
with Ms. Tse having three days after receiving the Status Certificate
to give notice in writing that the condition was satisfied, else the
agreement would be null and void and the deposit returned to Ms. Tse
without deduction; however, Ms. Tse’s lawyer was not satisfied with the
Status Certificate and attachments, and Ms. Tse did not give notice in
writing that the condition was satisfied.
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