Question
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
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. Explain the nature of their complaint
against Gabbs and the likely options of the court if there are successful in their action. Would it make
a difference had that offer been in writing?.
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