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I reeived the reasons for their decision just yesterday. Their basis for the decision seems reasonable IF the information they were basing it on was correct. But it isn't. One of the biggest points I argued is the fact that we signed a statutory declaration to the effect of me purchasing the home. The property was not on the market at this point. He then put it on the market just a week later because the mortgage broker i was using told him my finance application was declined (but omitted to tell him the lender they went to first wasn't appropriate and that they were resubmitting with another). So he gave me only 1 week to get finance which is unrealistic and after putting the property on the market i told him to take it off as i had conditional finance approval. he refused, accepted an offer and now we in the current predicament. The magistrate seems to think that the property was already on the market when we signed the stat dec agreeing i would buy it. It wasn't. Today was my deadline to sign the sale documents if not he was getting the mag to do it. I will submit the appeal but could you inform me exactly what form to complete?
at the time of agreeing on who would have what the property was not on the market. the property is in his name alone, i'm on the loan. how come the court is allowing the sale to proceed then if they have seen the signed stat dec agreeing to sell to me? his lawyers keep saying i've been unable to provide 'unconditional' finance approval. Which is true as i have no signed offer and acceptance (he wouldn't give me one) and also my initial pre-approval has expired. My submission to the court a month ago explained why i haven't reapplied for finance until I got confirmation he had to cancel the current sale agreement- because every application hinders your credit rating and doing another with the hope the magistrate would then say yes sell to her was risky for me.