How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95608
Experience:  Lawyer
Type Your Canada Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

Hi, I am the seller of a business in Calgary and my buyer is

This answer was rated:

Hi, I am the seller of a business in Calgary and my buyer is out of province. He is not a Canadian citizen. Written agreement dated back in 2010.

Terms of agreements are:

1) possession prior to Oct 01,2013
2) non-refundable deposit of $20,000
3) regular installment payments prior to possession total $130,000
4) balance of $200,000 to be paid in bank draft by possession.

Now the buyer wants to back out due to financing problems. what are my options in terms of money already received & spent ($150,000)? Am I liable to pay him back even though I do not agree to void this contract?

Any advice would be much appreciated as time is of the essence here.

Thank you.

Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

You certainly don't have to give him back any money.

To the contrary, he owes you the rest of the money in accordance with the terms of the contract.

He has no right to back out regardless of his financial situation. So, if it makes sense financially you can sue him to compel him to complete the terms of the contract.

Let me know if you need any further clarification.
Customer: replied 3 years ago.

Thank you Debra, due to the fact that possession is by Oct 01, 2013 and in the event he will not complete the transaction, can I still go after him after this date of Oct 01, 2013?


Does it matter that the first $150k was paid by actual cash installments instead of written cheques? I have always provided receipt to him.


Yes for sure you can go after him. You have a binding contract that he is about to breach.

It doesn't matter how he paid you.
Customer: replied 3 years ago.

The $130k installment was not indicated as "nonrefundable" on the contract and he is saying that I should pay him back that amount.


Is he right in that?


He is not entitled to anything back because he is not entitled to walk away.

He owes you all he owes you pursuant to the contract and HE can be sued to PAY you for all the rest of what he owes you.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95608
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Customer: replied 3 years ago.

One last question Debra,


The agreement was signed by both the buyer & seller but without any witnesses.


How good is that in the eyes of the court in Alberta?



There is no doubt there is a binding contract.

He's even paid for part of the costs already.

You don't need witnesses.

And I doubt he is going to deny there is a contract. He simply thinks he can back out but he cannot.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
< Previous | Next >
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
  • This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help. Mike Halifax, NS
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA

Meet The Experts:

  • Tom B.

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    25 years in practice
< Last | Next >
  • Tom B.'s Avatar

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    25 years in practice
  • LawyerProfessor's Avatar



    Satisfied Customers:

    Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
  • B.R. Hart's Avatar

    B.R. Hart


    Satisfied Customers:

    Juris Doctor, Member of the Law Society of Upper Canada
  • Jeremie John Martin's Avatar

    Jeremie John Martin


    Satisfied Customers:

    I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
  • Sokkalaw's Avatar



    Satisfied Customers:

    Lawyer in Ontario, Canada
  • CaptanLaw's Avatar



    Satisfied Customers:

    I'm a criminal defence lawyer, who assists individuals charged with crimes.
  • Law Maven's Avatar

    Law Maven


    Satisfied Customers:

    Lawyer & Instructor at Algonquin Careers Academy