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mavis

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a year and half ago we were working with agentX to find a houseA. we worked with agentX for like 6mths. he was not professional at all. we continue to work with him for that long as we thought he deserve a chance. agentX is a single dad. each time we had showings/viewing, he was bringing his kids along. we beared with him, and thought he deserved a chance. after so long, our lives were being compromised, we were living with inlaws in their basement with two kids under 3yrs old so you can imagine how desperately we needed a place.

each time we place an offer, we sign agent/buyer agreement. the dates on the agent/buyer agreement usually expires with the closing date of the offer if we were to win the offer. if our offer is rejected, we assume there is no agent/buyer purchase/lease agreement.

on our last offer, we clearly told agentX, we do not want any contract agreement, we clearly told him, we want you to bid on this houseA for us, and if we dont get it, its goodbye. that is our verbal talk. we repeated that conversation several times, and he explained several times it wasnt a contract and that he was representing us to place our offer for the house, and yes, if it doesnt go through we part ways. on the agreement, he put the date that we were placing the offer, and the closing date of the houseA if we were to win the houseA all in all, we didnt win the houseA, so we said our goodbyes.

a week later, we put matters into our own hands as we were getting really faustrated, we found a listings on mls, and we knew well enough the conversation we had with agentX, we knew we werent bound by any contract, so we decided to go with agentW. agentW got this houseB we found for us with delight. we are currently in our new houseB happy etc.

agentX resurfaces claiming we owe him a commission and that, the date we bought our house falls in between the dates of houseA. we were just shocked and appalled.

we thought, we had a mutual conversattion before we parted ways, but now, agentX is saying something different. i know in a court of law, its not about he says she says, we do have proof of our certified checks, and the houseA we last placed our offer on.

to make a long things short, whats are our right, and what do we do from here? any advice is greatly appreciated.
 
One question.
Did the first agent "AgentX" ever show you (or introduce the house to you through email, printout etc) the house that you ultimately bought?
If yes, depending on the paperwork and agreements (Buyers Agency Agreement), you may be on the hook for commission.
If not, you are probabily ok, but it really depends on what's on the documents (Buyers Agency Agreement).
 
The first thing you should do is talk to a real estate lawyer. Some advice shouldn't cost you too much and you'll have a better idea how to proceed.
 
Suing on a Buyers Agency Contract

The agent will need to document and prove his claim.

He will need to present evidence and you have the opportunity for rebuttal.

Contact someone at RECO and provide details to them about the " intended lawsuit"

They may very well recommend a course of action best suited.

The costs of these actions are expensive. Seek a lawyer skilled in contract law and real estate.
 
The first thing you should do is talk to a real estate lawyer. Some advice shouldn't cost you too much and you'll have a better idea how to proceed.


+1 and dont respond or reply to the first agent until you talk to your lawyer.
 
If there was no contract in place, and you had no legal agreement that he would be your agent for x months, i cant see why it would be an issue for you. You SHOULD be fine, but i would definitely contact a lawyer who specializes in real estate law.
 
This involves contract law as it pertains to the agent/buyer agreement that you said you signed, therefore you should examine each of those documents (if more than one) and note the date of the “expiry date†and in the event it indicates a period of six months or more check to see if you had placed your initials in the prescribed area authorizing that period.

Further, check on the main page of the agreement at the bottom for reference to a “ Holdover Period†and the number of days specified that extend the agreement beyond the aforesaid “expiry dateâ€.

Therefore, the duration of your contract is from the date of commencement to the expiry day, plus the extended period specified in the Holdover Period. e.g. 120 days, plus 90 days Holdover Period equals a duration of 210 days.

If the purchase of your home was within that period, then you may be bound under the terms of that agreement.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .
 

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