The BC Supreme Court ordered release of a $60,000 real estate deposit to sellers after a buyer removed financing conditions but couldn't complete the purchase. Although the sellers' proven loss was approximately $30,362, the deposit remained forfeitable without proof of matching damages because retaining it wasn't unconscionable, and the court rejected additional recovery on top of the deposit.
Case card
Bayard v. Sander, 2026 BCSC 1992
Source reviewed · Court holding
Held. The BC Supreme Court ordered release of a $60,000 real estate deposit to sellers after a buyer removed financing conditions but couldn't complete the purchase.
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