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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99931
Experience:  Lawyer
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I have had dealings with a registered Calgary realtor where

Customer Question

I have had dealings with a registered Calgary realtor where he did not follow the guidelines as laid out by the Calgary Real Estate Board.
He was buying a piece of land off my farm and drew up an agreement and he and his partner signed it and the value was 190,000$. He accompanied the agreement with a cheque for ten percent. a half year later (2014) he verbally withdrew and we have asked for a written disclosure of the withdrawal data and reasons for same.
This is common practise that buyers who change their mind must give written reason (s) or forfeit their deposit.
We have not returned this deposit
The buyer is commencing legal action.
I need a lawyer conversant in real estate law to sort this.
Submitted: 9 months ago.
Category: Canada Law
Expert:  Debra replied 9 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 9 months ago.

I am sorry to hear this.

Are you saying there was a clear offer and an acceptance of that offer and now the realtor wants to walk away from the deal?

Customer: replied 9 months ago.
Expert:  Debra replied 9 months ago.

The realtor knows better. He is assuming that you do not. But when there is an offer and an acceptance there is a binding contract. He does not get to say he is changing his mind. Unless you agree to terminate the contract the contract is binding and continues on regardless of what he wants. When there are two parties to a contract one party can most assuredly not unilaterally change the provisions of the contract unless the others consent.

So not only do you not have to return the deposit but you do not have to agree to let this person walk away.

Do you see what I mean?

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.

Expert:  Debra replied 9 months ago.

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

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