Case Scenario: Krasniuk v. Gabbs, 2002 MBQB 14 (CanLII), [2002] 3 W.W.R. 364 (2002), 161 Man. R. (2d) 274
The plaintiffs contracted with Donna Gabbs, a real estate agent, to sell their home. They made it clear to Ms. Gabbs that they needed $137 000 from the sale to pay off their debts. The house was listed for $149 900, but it didn't sell. The price was reduced to $144 450 and then to $139 500, and eventually sold for $130 000. The problem was that Mr. and Mrs. Balgobin, the ultimate purchasers, were seriously interested in the house. They had verbally offered $135 00 and then $137 000 for the house and Gabbs had failed to inform the Krasniuks of these offers.
Plaintiff's Argument:
Defense's Argument:
Risk Mitigation (Defense):