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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101444
Experience:  Lawyer
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I leased the house I'm currently living in with my family of

Customer Question

Hi my name is Louie. I leased the house I'm currently living in with my family of 7 with the first option of buying it in 4 years. 3 years later when it was time to sign a new lease the landlords asked us if we were still interested in buying it. We of course said yes but our credit still needed some work. They then said there was no point in signing another lease since we were going to buy it so we agreed on a month to month basis until we purchased the house. A few months pass and we still have been trying to do what was needed to try to purchase it but we're reassured Time and time again that we had until April of 2016 to buy it. We filled a rough copy of the sale agreement. A few weeks to by and we again talk to home owner stating that we needed more time in order to purchase the house and we're again reassured that we had months to purchase it. Couple more weeks go by and we get a call from a real estate agent stating that the house was now up on the market for 14000 more than the offer that was made to us on paper and in verbal without any notice to us... we have now been put in the position to move and change our kids school and all the stress that comes with a situation like this.. with all the money we have put out of our own pocket with the thought of owning it when we had agreed upon. This has been an uphill battle in such a short period of time and now we are forced to move.. where do we stand legally as we are seeking legal action against them
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What do the first lease say about renewal?

Customer: replied 1 year ago.
I believe the first lease states that we would have first option to buy in 4 years
Expert:  Debra replied 1 year ago.

Yes but what does it say about renewing the lease if you don't buy?

Customer: replied 1 year ago.
It does not say anything about if we don't buy it as we have never mentioned not wanting to buy we have told them numerous times we want to buy it
Customer: replied 1 year ago.
we were reassured many times even 2 weeks ago we had conversations with him and he stated that it wasn't till end of April when this was to be finalized
Customer: replied 1 year ago.
On November 24 a for sale sign went up and viewings had been started without our knowledge
Customer: replied 1 year ago.
Customer: replied 1 year ago.
Well I hope I'm not going to be charged for this cause I didn't receive any information to my questions. This was a big waste of my time. Not satisfied with my service at all..
Expert:  Debra replied 1 year ago.

I had provided you with an answer. But, because you replied to your own reply without waiting to receive my answer answer it did not post. It is now lost.

I'm happy to do it again if you like. But before I go ahead I want to know if you do want to go ahead and as I do not want to spend time doing an answer over again if you aren't interested in receiving it.

Customer: replied 1 year ago.
reply please. And sorry
Expert:  Debra replied 1 year ago.

Generally, verbal agreements to buy house are not binding. So in most cases the fact that he said you could still buy the house would not be binding in court.

However, the facts in your situation are quite exceptional. Because you were told that you could extend your lease which we had an option to purchase in it.

It seems what happened here is this person thought that he could trick you into continuing to think you could buy the house later on and so you would still pay the same level of rent but then decided to see if he could do better if can sell the house to someone else. No court will allow that.

I suggest your next step is to immediately retain a lawyer in your city and have the lawyer register a caveat on title so that the house will not be able to be sold. The lawyer at the same time will send a letter to the landlord threatening a lawsuit.

Expert:  Debra replied 1 year ago.

Does that help?

Customer: replied 1 year ago.
alot thank you
Expert:  Debra replied 1 year ago.

You are very welcome.