The purchaser’s lawyer’s letter advised the sellers’ lawyer
that the purchaser is not willing to complete the transaction.
The purchaser demanded a return of his deposit. The sellers
refused to agree to termination of the APS and they brought
their application against the purchaser for remedies resulting
from the refusal of the purchasers to complete the sale and purchase transaction.
 In order to mitigate their damages, the sellers sold the
property to another purchaser. The purchase price was $86,100
lower than the purchase price under the APS.
 The sellers apply for declarations that
(a) the APS is a firm and binding contract;
(b) the purchaser has breached the APS;
(c) the deposit has been forfeited to the sellers;
(d) the purchaser is liable to the sellers for damages for breaching the APS.
 The purchaser applies for declarations that
(a) the purchaser is not required to complete the transaction
contemplated by the APS;
(b) alternatively, if the purchaser is required to do so, that the
purchase price be adjusted to reflect a fair market value
which takes into account that the property was previously
used for a marijuana grow operation;
(c) the sellers have breached the APS;
(d) the sellers are liable to the purchaser for all damages
suffered by the purchaser from the sellers’ breach of the
APS and an order directing a reference for determination
of such damages or, alternatively, damages in the amount
(e) the purchaser is entitled to the return of the deposit;
(f) the purchaser is entitled to termination of the APS resulting
from the misrepresentations of the agent and that the agent
is liable for the damages suffered by the purchaser resulting
from such misrepresentations.
 The parties have agreed that
(a) if I find that the purchaser breached the APS and that the
sellers are entitled to damages, I should determine the