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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99923
Experience:  Lawyer
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I am selling real estate for international customers in the

Customer Question

I am selling real estate for international customers in the caribbean - so i got an exclusive signed seller broker agreement with an canadian seller.
Sold prior for him - got paid. The second sale resulted out of our promotion. But the seller dealt behind our back and closed.
We charged for our agreed commission but he refused to pay.
No juristriction in the contract
What should i do?
Submitted: 8 months ago.
Category: Canada Law
Expert:  Debra replied 8 months ago.

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

Expert:  Debra replied 8 months ago.

Were you in the Caribbean when you signed the contract and is it all about properties there and not in Canada?

Customer: replied 8 months ago.
No i was in miami and he faxed from his location in canada and acknowledged the contract via varios email conversations - about 300-500
Expert:  Debra replied 8 months ago.

But are all the properties in the Caribbean?

Customer: replied 8 months ago.
Cant wait to talk
Customer: replied 8 months ago.
I can send the copy of the contract at a later time. The commission are about 150.000 to 1 mio
Expert:  Debra replied 8 months ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. As I am a lawyer in Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

I also cannot read the contract. I am not your lawyer.

I can explain what you need to do to sue and where you should sue if you let me know the answer to my question.

But are all the properties in the Caribbean?

Customer: replied 8 months ago.
Properties are in the Carribean dominican republic.
Customer lives in canada does not travel to the dr
Customer: replied 8 months ago.
He was in canada when signed I was in miami - but i travel once a while to canada
Customer: replied 8 months ago.
The buyer is from norway and canada
Expert:  Debra replied 8 months ago.

The law is that you have to sue in the jurisdiction that has a closest ties to the claim. As the contract does not specify the jurisdiction it seems clear to me that you have to sue in the Dominican Republic and that is because the properties are all there. There is little doubt that the closest ties to any one jurisdiction are where the properties lie.

That means that you should retain a lawyer in the Dominican Republic to sue. This is really better in the sense that it will be very difficult for this person to defend.

Once you get the judgment you will be able to enforce it in Canada. That is easily done and you can retain a paralegal or a lawyer in Canada to register the judgment in the court for you and then enforce it. Once the judgment is registered in the court it will have the same force and effect as if you sued in Canada.

Does that help as a starting point?

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 8 months ago.

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

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