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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99966
Experience:  Lawyer
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How does this service work

Customer Question

How does this service work
Submitted: 10 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 10 months ago.

Hello, thank you for coming to the site. I'm a Canadian lawyer, and your question is in the Canada Law category. I see that you're not on a subscription, so you put down a deposit to the site to start your account and open this thread.

It works like this: we chat here about your legal issue (try not to identify yourself personally, or anyone else the question involves) until you have your answers.

Now, you have to keep in mind that this site is no replacement for a face-to-face meeting with a lawyer whom you have retained. But this site is cheaper and faster than going to a lawyer, and the experts here can give you legal information and recommendations and options.

When we're done chatting, the site and I will ask you to "rate the service" positively so that your deposit is spent, split between the site and the expert. The site runs on the "honour system", you don't have to rate and you can ask for your money back, but most people give a positive rating and agree to pay.

Having said all that, what brings you here? You have a legal issue?

Customer: replied 10 months ago.
I initially requested Real Estate
Expert:  Ulysses101 replied 10 months ago.

OK, are you in Canada?

Customer: replied 10 months ago.
Then I put deposit...but the site isn't processing it for some reason
Customer: replied 10 months ago.
Expert:  Ulysses101 replied 10 months ago.

I'm not a site employee. You should send a note to customer service from your account to verify what you've put down.

However, your question thread his here and open, so I assume that your deposit cleared.

If you want to continue, tell me what the legal issue is. I don't do real estate, so I'll probably opt out as your expert to see if another here will take up the question. But I'm happy to get your started.

Customer: replied 10 months ago.
OK I best seek a real estate lawyer then since it did not source that for me
Expert:  Ulysses101 replied 10 months ago.

There isn't a specific "canada law - real estate" category. You're in Canada Law.

Feel free to type out some details about what's going on, and what your question is. Don't write a novel.

Customer: replied 10 months ago.
Sold home. Was about to close. Discovered CRA had put a lien on our home. We know it is incorrect but it will take a few months to reverse it. In meantime, the house sale can't close. MY lawyer found the lien but the Buyers did not appear to bother to check. Now the buyer is trying to get restitution
Expert:  Ulysses101 replied 10 months ago.

OK, that's a good question.

As I said, I don't do real estate, so I'm going to "opt out" as your expert.

Other experts here will look at the question, and if any think they can help they'll reply here.

Be patient, please. Some experts check in here and there, some are here full time. We all hope you'll be answered quickly, but it might take a bit of time.

Please don't reply to me or your question will go off of the "open question" list and back onto my own "questions waiting for a reply" list.

Good luck


Expert:  Debra replied 10 months ago.

Have you told the buyer that the deal cannot close or did you say there needs to be a delay?

How much is the lien for?

Who said it will take a few months to get the lien off?

Customer: replied 10 months ago.
LONG STORY...I am in a court case against CRA. They reassessed my wife on her closed business that ran for 11 months--- and hit her with a mocked up bill for her business running TEN YEARS! .... $1M in HST! !! It was absurd!! So it was done to block us from pulling equity for legals, and to piss us off... OUR Closing lawyer was the one who found the lien and we agreed it could not be fixed quickly.
Customer: replied 10 months ago.
I cannot believe that the Buyears lawyer did not do a lien check !
Customer: replied 10 months ago.
We have $150k in equity in the house so we cannot clear the lien with the sale
Expert:  Debra replied 10 months ago.

You anticipated all of my thoughts. I was thinking to pay off the lien and then fight the CRA afterwards.

Do you agree that agree that you owe them at least the $150K? Or is that not correct either?

Customer: replied 10 months ago.
The reassessment was for $185,000 in HST. Her business existed for 11 MONTHS, and totalk sales amounted to around $5000 .... so HST is no more than $650! .... their reassessment is BOGUS and I hired lawyers to fix it--but sale of house will not pay it and frankly, I would have those funds directed to a trust act before letting those thieves grab it
Expert:  Debra replied 10 months ago.

I was thinking you could pay the CRA off and then sell the house and then sue the CRA if necessary.

Because unfortunately you sold the house to the buyer and there is no doubt that the buyer can sue you successfully for damages.

They did not have to do a lien search ahead of time.

You promised then a clear title and cannot deliver.

So you are in a difficult situation where the CRA is going to end up hurting you further.

At the end of the day you may be able to sue then successfully if it turns out they were totally wrong about the amount owing (which is clearly the case) but regardless of all that you are liable to the buyer for damages.

I wish I had a more optimistic answer but as your own lawyer must have told you there really isn't one.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 10 months ago.
Is theready not a situation called Contract Frustration where a situation arises that neither party is to blame for, but interrupts the continuance of a deal? We were willing to go through with the sale however the lawyers would not close it.
Expert:  Debra replied 10 months ago.

There is such thing as frustration of the contract but that would not apply here. You would be said to be at fault. You never checked the title before deciding to list the property and for if the CRA is wrong then you are still liable to the buyer but then the CRA is liable to you.

They lawyers could not close because title could not be transferred.

Expert:  Debra replied 10 months ago.

Is there anything more I can help you with at this point in time?

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