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In the process of a very difficult real estate that is the

supposed to close Aug. 31---we...
In the process of a very difficult real estate that is the supposed to close Aug. 31---we are the sellers The buyer, who is a BROKER OF RECORD, has manipulated and intimidated our agent, who is relatively new and a gentle person. He has been asking for a reduction of $20,000 based on an appraisal done AFTER!! he had asked for an extension....which caused us to get a bridge loan which was costly and frustrating. He says it will be a long court process if we sue so we should accept. We now have 2 houses, and 2 mortgages. The extension was asked for just 6 days before the original closing. Have thought about going to the RCMP (scamming or fraud), or the real estate board....but our agent could lose her job and that is not our purpose. I actually did send in to the Ontario Real estate association, but they said it was more of a civil matter. Lawyers are quite costly and we are not in a good situation for that---this ordeal has cost us about $20,000 more so far. Wondering if I can contact the broker of record for our brokerage for help too.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: ontario, canada
JA: Has any paperwork been filed?
Customer: only the real estate papers.....purchase and ammendment
JA: Anything else you want the lawyer to know before I connect you?
Customer: again, I am imagining fees involved and would this be relevant to Canada
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Answered in 1 minute by:
8/22/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,112
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am a lawyer in Ontario.

I am sorry this happened to you.

Of course you didn't have to give the extension and there is no reason, none, that you should not say you are requiring them to close on time or you will sue them. There is no legal basis for anyone to ask for a reduction after an offer has been accepted. That is a binding contract. In fact when the offer is accepted they own the house. That is when beneficial ownership changes hands.

You can sue them if they do not close and they know it.

I suggest you contact your broker and ask your broker and ask for help.

This buyer is fully aware of the law and what they are doing. They know no one can ask for this and they are an expert.

At the same time this has nothing to do with the RCMP or fraud. You will have to sue them if they don't close.

And being honest it does not make sense to hesitate to hire a lawyer when so much is at stake and when hiring the lawyer to send a letter or two is likely all it will take to force the closing. This is a civil matter and the only recourse would be to the courts but threatening a lawsuit is likely all you need to do.

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.

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Customer reply replied 3 months ago
Thanks....many things. Our agent, as stated, has been intimidated and has even asked us to close by losing --$5, or 10 thousand....she has even told us she would forego her commissission, which would be over $10,000. She has said she has asked for advice from her brokerage even.My wife and I have looked up what we could in regards ***** ***** be informed. Is there anything we should know in regards ***** ***** ? basically the buyer has told our agent that if we sue, he will also file a case and while the case is before the courts, we will not!! be able to sell our property. Either this is alot of hot air, or is there any truth to this?

That is a bunch of nonsense.

He has no basis for suing.

He is saying he will sue about the property and file a certificate of pending litigation on the title. But there is no basis for this.

I hate to say this but your agent is not competent in the least and you need to go to the broker and insist that the broker take over your file.

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Customer reply replied 3 months ago
Thanks again. We are going to contact the brokerage. If I may, when our amendment was done to grant the extension, all that was put on the amendment was an additional $10,000 deposit--that is it. We were told that the buyer was going to pay any additional expenses to us, but it was NOT put in the amendment. I questioned our lawyer on this and he said, ' well, it is the law'.
I asked what law, then he hung up. We only granted the extension because we were told ALL expenses to grant the extension , would be paid by the buyer. We would NOT have given an extension other-wise.

So that should have been put into the amendment and you may have a lawsuit on your hands.

If the agent erred the brokerage is on the hook for that as well.

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Customer reply replied 3 months ago
Thank-you. Can you tell me how much we owe you now? Your advice is worth a million, but we do not have that now.
This is the first time using this service, but We find it helpful. Our real estate experience was not supposed to be like this , and never was in our 3 other purchases. We were only selling and buying in good faith. You have been able to show that a lawyer is there to help in time of need...Thanks again! Have a great day!

I don't know what you paid the site but you have already been charged. That is how the site works. But I don't work for the site as I am a practicing lawyer. I just log into the site and see a list of questions and choose which to answer.

I get paid my portion when you rate me positively by clicking on the stars at the top of the page.

Thanks for your kind words.

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Customer reply replied 3 months ago
If he does not close on Aug. 31, do we put the house on the market right away and sue him later or should we sue right away? Does it matter?

You would put it on the market and then sue at once as that lawsuit may cause them to turn around and agree to close.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,112
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thanks....that last question came from my wife....she always has the last word!
5-stars!

Ha ha!

Thanks

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Customer reply replied 3 months ago
Hi,
as the end of the month approaches, it is re-assuring to know we can communicate with someone.
By the way, our sale and purchase is in Ontario. Sold in Niagara Falls, where real-estate climbed up dramatically( the Toronto effect), and purchased in Long Sault where house prices are reasonable...and a nice area too!
If you would like to know, can inform you of the result at a later time.
Thanks
Don and Marita

I am in Toronto so I fully understand.

Please do let me know.

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Customer reply replied 3 months ago
Hi Debra,
Our agent who is in Florida now, has told us that the buyer will go in our house today at 4 for another appraisal!!!
We are in Long Sault, and we do not want this gentleman going in our house. Our house insurance is only minimal (because noone is in the house). Our agent called and said this gentleman told her WE!! are now breaching the contract if we refuse him access! Also, does a lawyer have more access to a persons background than a layman. Our lawyer referred to this buyer has a wheeler-dealer by a little research....and told us not a penny reduction.
Thanks

Tell the agent that the man is forbidden to enter. He is not entitled to enter unless this was granted in the agreement and you consent now.

And he has no right to an appraisal.

Call the broker please! I cannot stand this. You cannot deal with your agent.

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Customer reply replied 3 months ago
I know Debra...my wife and I have been very upset with our agent....we have known each other for about 10 years and she was also our customer in the Falls. Personally, whether I went to the board or her brokerage, she would most likely be severely punished or fired. She was excellent up to July 14 when this episode started, and only because of this Broker of Record and his plan and actions. Particularily, I told her about form 810, and how she broke this part of her responsibility......like she was after the buyers best interests, not ours.
That , I want to deal with after this gentleman first. He has instigated all this, and I wonder what he would be teaching the lower ranks. Would it not be appropriate to mention names? BTW, we refused his demand.

You can file a complaint against him for sure.

But your agent is not competent and you are being harmed and could be more harmed. She told the guy he can go into your house! Maybe he's offered her a job.

She can hurt others. I think you should tell her broker. I also think you should be getting a reduction in the commission which I bet the broker will offer.

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Customer reply replied 3 months ago
My wife said he texted our agent that he would have another appraisal at 4. I believe he was going to get someone else from REMAX. That is when we told her NO. She actually a few months back, did say she was offered a job with him, but she said no, she was happy with REMAX. This is definately not what selling a house should be all about. I wonder if anyone else who has had dealings with our buyer has had an experience like this. I do not think he should be allowed, considering his position and that he is dealing with an expensive item---homes.
We will be going to the Falls monday...that may be the best time to go to the brokerage.We have also forwarded all relevant documents to a litigating lawyer here near Cornwall. We are awaiting word from them.

OK

Sounds good.

Keep me posted please!

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Customer reply replied 3 months ago
We will keep you posted.
Would it be at all helpful to know who we are dealing with( the Broker), or leave it confidential?

I don't need to know. It's up to you if you want to tell me.

But this post is public unless I ask the site to lock it after, which I could do.

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Customer reply replied 3 months ago
O.K. I want to share because I did a simple google search, found many items--photos, etc. All I could see is a fast growing company, successful. But success should not be made this way, to harm others. It is homes we are dealing with, so money can be made or lost quickly. Parminder Dhillon, Royal Star Realty Inc...(Royal people deserve Royal Services).
P.S. our agent texted that the appraiser did not want to deal with him, he was too difficult.
You know, We just want to do what is right.....and this has not been that.

There is successful and there is sleazy successful which usually doesn't work long term.

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Customer reply replied 3 months ago
right. We just do not have to be beaten like this. Guess that is why we reached out to you anyways, because we do not know law .or real-estate rules. He just should know better. Plus, I really hate losing...GUY THING

I do too! Woman thing!!!!

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Customer reply replied 3 months ago
o.k. agreed!!!!
Customer reply replied 3 months ago
Hi Debra,
may have more questions over the next few days as we head back to the Falls....
I rated you before--the time I mentioned 5 stars...6 was not available!

I will be here all weekend. I didn't win the lottery last nigh (ha ha ha).

So just post again when yo ulike.

Please start a new post for each new question so I can be paid for them. Follow-up questions of course go on the same post.

Thanks and enjoy your weekend (I hope you can!)

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Customer reply replied 3 months ago
O.K. Thanks.....thought lawyers did not need to do the lottery :)
Sorry, have I not posted in the correct way? I do not have my young son here to ask, the expert, so if you can explain.
Thanks, ***** ***** week-end too.

I am a single parent of four kids I need to win a lottery!

You have posted in the right way but what I am saying is that when you need me next if you could start a new post I could get paid for that as we only get paid once per post no matter how much we go up and back and you have a subscription so you are not charged for new posts.

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Customer reply replied 3 months ago
O.K. Thanks

Anytime.

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Customer reply replied 3 months ago
Hi Debra.....I think I made a mistake....posted differently but I think it went to a general pool?

It just came onto my list now but I've replied.

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Debra
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Category: Canada Law
Satisfied Customers: 102,112
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