Question: Symphony & Rose was a developer and builder of high-rise condominium projects. A Symphony & Rose sales rep told Wendy and Sam that a penthouse

Symphony & Rose was a developer and builder of high-rise condominium projects. A Symphony & Rose sales rep told Wendy and Sam that a penthouse apartment was still available in their current project. Wendy and Sam provided Symphony & Rose’s real estate agent with information relevant to the purchase and delivered cheques for the various deposits. The agent told them that in a few days they would be required to sign an offer on Symphony & Rose’s standard form. They thought they had a deal. A fewdays later, a senior representative of Symphony & Rose contacted Wendy and Sam to tell them that the penthouse had already been sold but 40 other units were currently still available. Do Wendy and Sam have an enforceable agreement? Should they havedone anything differently?

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