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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99931
Experience:  Lawyer
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We've been engaged on an "Option to purchase" agreement at

Customer Question

We've been engaged on an "Option to purchase" agreement at the Condo unit that we rent...but we are wondering that there might be an environmental issue, possible mold, according with a preliminary inspection that we've done, as I've been facing a severe allergic problem in the past year.
We are interested to cancel this "option to purchase" because of this... so we are looking for the appropriated advice not to lose our money paid towards the down payment.
Can I attach a copy of the "Option to purchase", as well as the "Inspection" one.
thanks a lot for your prompt attention,
Maria Arevalo
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Do you mean you put in an offer to purchase?And, if so, was it conditional on an inspection or conditional on anything else?
Customer: replied 2 years ago.

It's not an offer to purchase... it's more like a "rent to own"... but they call it here in Saskatchewan, "Option to purchase". We signed on July/13 and we have to make an offer to purchase now in July.

Expert:  Debra replied 2 years ago.
I see.What you may be able to argue is that what you've been paying, aside from the rent portion, must be returned as the owner is not going to be giving you what you were promised and what you've been paying for. You were told that home was in good shape and fit for habitation yet you've recently discovered that it is filled with mold and thus not at all what you signed up to buy.You should pay a lawyer to send a letter to this effect, essentially threatening a lawsuit if the monies are not returned in full. And the lawyer can threaten to also sue for damages to your health, other damages such as those incurred for inconvenience, what else you paid towards the house in terms of improvements, decorations etc, interest and your costs.
Customer: replied 2 years ago.

I thought that you guys might be able to check the supporting documents and give an advice if something can be pursue... not?

Expert:  Debra replied 2 years ago.
We aren't permitted to do that. Only your own lawyer can review documents. We cannot practice law online or give advice. We just provide legal information.
Customer: replied 2 years ago.

o.k. Thanks

Expert:  Debra replied 2 years ago.
Take good care.

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