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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98415
Experience:  Lawyer
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After telling our real estate agent that the hot water

Customer Question

After telling our real estate agent that the hot water rental and water softener were both rentals, she did not exclude both items on the sales agreement and we unfortunately signed off on it. She did include it on the MLS listing that they were both rentals but not on the actual sales agreement. After seeing the MLS listing we figured she got it and trusted her to look out for us and help us navigate the documentation. After realizing the Error she sent us an email saying " it appears "WE" all missed that the equipment was listed as owned" We Sent an email right back telling her that we had hired here to make sure that kind of mistake did not happen and that we are not willing to pay out the equipment because we specifically told her it was rented. Instead of responding to that email she decided to start another email thread were she never aknowledged our response but simply sent an amendment which the buyer still has not signed two week in since she sent it. . To this date she has never acknowledge our feelings towards the issue. She has decided to ignore us, only communicating vaguely. She owns the brokerage so nowhere to complain there. We do feel it's very unfair that when the deal closes she gets to walk away with a full commision from both the sale of our home and the purchase of our new home and we get to pay $2500 for her incompetence. I guess what really hurts is the lack of care and the fact that we will be out money for her incompetence and she just moves on to her next victims. Can we sue her?
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else important you think the Lawyer should know?
Customer: Can we sue her now or should we wait till both deals are closed?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Customer: Do we have grounds to sue and how do we go about it?
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.

She doesn't have to get away with it though. You are correct in saying you relied on her. You were supposed to be able to do that. She is an expert and held herself out to be and you relied on her, to you detriment.

You can sue her in Small Claims Court and self-represent.

She is required to put you in the position you would have been in had she not made this error.

I suggest making it clear to her now that you expect her to compensate you and will sue her if necessary.

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