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We are in the process of buying an undivided property in…

We are in the...

We are in the process of buying an undivided property in Montreal, the seller's agent had sold us the property saying that the parking at the rear of the building was ours to use exclusively the owner of the other unit, is now refusing to sign the papers saying gthat that is not the case

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

We are supposed to move in on sunday, and have someone taking over our apartment that day Montreal Quebec

Lawyer's Assistant: Has any paperwork been filed?

It's all stalled at the notary right now

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We were supposed to sign at 1pm today and now everything is on standby

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Customer reply replied 8 months ago
What legal recourse do we have it the deal falls apart and we are left without a home?
Answered in 47 minutes by:
12/6/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,015
Experience: Lawyer
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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 sorry to hear this but I don't understand.

Are you saying the seller is refusing to close because they gave you wrong information?

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Customer reply replied 8 months ago
It's an undivided property, two units, 5402 and 5404. We are buying 5404 and the owner of 5402 is the one contesting the parking lot. The sales agent for 5404 had told us that that parking was ours alone.

So do you want to close or not know you may not have the parking lot for your own?

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Customer reply replied 8 months ago
we bought the place because of the parking, we made an offer on the place because of it.... if we have to back out of the sale, we are technically homeless as we have someone moving into our apartment on sunday since we signed our lease over. Do we have standing ground to sue the selling agent if need be?

You have the grounds to sue the seller for sure. Whether the agent is liable will depend on the facts but for sure the seller is liable.

So you can back out as this was a material mis-representation and it is not likely that the seller could sue you successfully.

And you could sue them for all the damages you will incur such as renting somewhere else until you buy something else.

Or you could go ahead with the closing and then sue for damages based on the fact that you are not getting what you paid for.

The notary is not going to be able to deal with this and you will need to retain a litigation lawyer in Montreal unfortunately.

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 8 months ago
Thank you.Turns out that the sales agent was correct it’s the other owner who doesn’t want to recognize the change since he built his balcony onto his part of the land...he’s going to a lawyer tomorrow not sure how this will pan out

You are very welcome.

Please be sure to let me know how it turns out. I am interested to hear.

For now please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,015
Experience: Lawyer
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Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 8 months ago
Will do, fingers crossed we have a place to sleep Sunday!
Customer reply replied 8 months ago
Hi there! I’m happy to report, everything worked out in the end and we got our keys this morning (phew) ...we are moving in tomorrow!!! All is well that ends wellThank you for your help and concern

Thank goodness!!!

And congratulations.

Have a wonderful weekend. It will be a lot of work but such a cause for celebration and right before the holidays!!

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