Seller seeking specific performance

New Dennis Arthur v Greesh Gai Monty ([2012] SGHC 122) is a Singaporean case. N agreed to sell an apartment to G. Before completion, G discovered that there was a significant problem with water leaking into the property and refused to complete. N sought specific performance and G sought to rescind on the basis of misrepresentation. The misrepresentation claim failed. Even had there been a relevant statement of fact, a statement by N’s agent that there was no water leakage, this would not have induced the contract since G knew that the agent lacked the expertise to comment.

The claim for specific performance failed also. While acknowledging the argument that specific performance ought to be mutual, the court refused to order it to enable N to foist the property onto an unwilling buyer. Nominal general damages and fairly minor special damages were awarded.

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