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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100436
Experience:  Lawyer
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Visiting a trailer park in Ontario, liked the site very much

Customer Question

Visiting a trailer park in Ontario, liked the site very much but the trailer ok. Gave $500 deposit and verbally said I would buy with possession on Sept l 2015. The pool looked very nice but found out after that it was not heated. I do exercises every day in the pool. Can I get out of it, did not sign any agreement. Thanks. Micheline.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Were you mis-represented?

Customer: replied 2 years ago.
What do you mean by mis-represented?
Customer: replied 2 years ago.
in a way, the pool is not heated and can only be used a few weeks of the year if the sun is great.
Expert:  Debra replied 2 years ago.

There is no need for a contract to be signed to make an agreement valid so a verbal agreement is binding. If you agreed to buy the trailer then in most cases not only would you lose your deposit but you could also be sued to compel you to adhere to the provisions of the agreement. At the same time the seller would have to try his/her best to mitigate damages by selling the trailer to someone else and if they could you would only be on the hook for any losses they suffered or costs they incurred.

But in your case, if you can prove that you were materially mis-represented because you were told that the pool was heated it may be that you can get out of the contract.

What may be best in this case is to have a lawyer send the seller a letter demanding a full refund and threatening a lawsuit if your asking for the deposit back doesn't immediately work.

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