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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100977
Experience:  Lawyer
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My question is related to province of Alberta, Canada. I've

Customer Question

My question is related to province of Alberta, Canada. I've signed a Buyers Agreement with a realtor who is turning out to be not so effective negotiator. We signed the agreement while writing an offer. Sensing the situation she made us sign the contract
till the end of this year as we wanted to push the offer asap. The contract was signed in April. Now she refuses to change the contract or might ask for compensation which is very unclear in the contract like time & fuel etc. I want to consult a lawyer now
to see what are the legal implications for me. I'm the only signatory to the contract not my wife.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Are you saying the contract says she gets more than just commission?
Customer: replied 2 years ago.
It doesn't say anything about commission & it was made clear that all commissions are to be paid by seller as I'm a buyer. I'm contemplating firing her as she is not turning out to be effective. The conditions that are bothering me is :
(a) While this agreement is in effect you enter into a legal binding contract to buy a property that matches the search criteria, whether through us or not. You must pay us even if you don't complete the purchase, unless you have a legal reason for not completing it.
(b) in the 60 days after this agreement ends you enter into a legally buying contract to buy a property we introduced to you during the term of this agreement. You must pay us even if you don't complete the purchase, unless you have a legal reason for not completing it.
(c) If you change your mind about looking for a property, you must tell us in writing. You must reimburse us for our reasonable expenses up to the time you tell us.Reasonable expenses will include fuel, time etc. If you pay these expenses it does not remove your responsibility to pay other amounts you may owe us under this agreement.
Expert:  Debra replied 2 years ago.
What this means is that you can decide not to buy a house but if you do you have yo reimburse them for any expenses they incurred.
But you cannot buy a house with someone else because they want the commission.
So you will be sued if you buy a house with someone else.
But that is not the case if they breach the contract. So if you can prove that you are not getting what you are entitled to under the contract you can take the position that they breached the contract.
Customer: replied 2 years ago.
Exactly so they can't force me to buy a property as we have withdrawn a previous offer. Now the question:As my wife is not a signatory but she was viewing properties with me. What if she goes to a builder & signs a contract under her name with my name appearing no where in the purchase agreement. And then when possession comes she can transfer the property under my name after the post 60 day condition (b. We saw the builder with her). And secondly what if she finds out later that my wife bought under her name exclusively & then transferred it to my name. Will it have an impact on us.
Customer: replied 2 years ago.
Yes I have a reason to prove she has breached the contract. She contacted my mortgage broker about the property that we were interested & I in no way authorized her to contact him. She can't be talking to my resources without my consent.
Expert:  Debra replied 2 years ago.
The court will see through your plan. It cannot work if she catches you.
If she broke the contract have a lawyer send her a letter setting out your position.