Belitza Marling Sagaray Silva (Appellant) v Replay Destinations (Bahamas) Ltd (Respondent) (Bahamas)
Case ID: JCPC 2023/0086
Jurisdiction: Court of Appeal of the Commonwealth of the Bahamas
Case summary
Issue
On the true construction of a sale agreement, what title did the purchaser of a condominium agree to purchase under that agreement in circumstances where:
(a) the advertised square footage of the condominium was less than that recorded in a statutory declaration made pursuant to land-registration system for condominiums
and
(b) the terms of the sale agreement were expressed to be subject to the statutory declaration?
(2)Is the purchaser entitled to rescind her sale agreement and recover the deposit paid under that agreement?
Facts
On 19 July 2018, the Appellant concluded an Agreement for Sale with the Respondent for the purchase of Penthouse 901, a condominium in the Bahamas, for US$4,100,000. The Appellant paid a deposit of US$410,000.
Penthouse 901 was advertised as being 6,165 square feet in size. Pursuant to a Declaration filed under the Law of Property and Conveyancing (Condominium) Act 1965, however, its square footage was recorded as 4,801 square feet.
The Agreement did not complete by the agreed completion date and, in February 2019, the Appellant issued notices to complete requiring the Respondent to remedy (alleged) defaults within 21 days. The parties disputed whether the Respondent had complied with the notices and, in May 2019, the Appellant filed an Originating Summons seeking confirmation that the Agreement had been validly rescinded and an order that her deposit be refunded. The Respondent counterclaimed for an order that the Appellant complete the purchase.
The Appellant's claim was rejected by both the Supreme Court and Court of Appeal. She now appeals to the Privy Council.
Parties
Appellant
Belitza Marling Sagaray Silva
Respondent
Replay Destinations (Bahamas) Ltd
Appeal
Justices
Lord Sales, Lord Leggatt, Lord Stephens, Lady Rose, Lady Simler
Hearing start date
10 October 2024
Hearing finish date
10 October 2024