we are in process of selling our house in BC and the new purchaser is a local builder who renovates and builds houses on properties. This purchaser agreed to put an offer on the house (this is through a licenced realtor company (remax)) without seeing it physically, with only 1 condition of seeing the house 3 day after the offer was submitted to physically assess the land size so he could build another house on the vacant part of the lots that are included in this sale. He did this on the day he would and removed all written conditions, the only thing he asked was that we remove a freezer and stove in the basement. Which we did, even though it was not written into the agreement as a condition. And wrote nothing additionally or even implied in the sale that anything further needing to be done, and be reminded that that there is 4 to 5" of snow on the ground at this point. With full snow happening today. All was appeared to be fine until, yesterday when we went to the lawyers to sign the paper and this new purchaser went to his lawyers to sign the paper to purchase but individually (did not contact the realtor or ask for a civil discussion between parties even to get an update, but just went ahead and decided to randomly pick $4000 as a number to hold back because the yard was not cleaned up to his standards. And had his lawyers send over the paperwork with this $4000 holdback, (offer was written for $204,000 and he says in the paperwork he will be paying the $200,000 with this $4000 hold back. When he happened to drive by the property the other day. We don't move out until Sunday. So we agreed to do a cleanup of items and signed this addendum, but now he is making statements to the lawyer to say he will decide to cancel the deal I want to know are we still entitled to get our $200,000 he said he would do and what legal grounds do we have to get the remaining $4000 that he is deciding to holding back.? We have lived on the exact same property for 55 years the house is approx 75 years old. The owner is 77 years old.
Answer by Sathishkumar Balasunderam
Not VerifiedOntario lawyer
Posted 10 months ago
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Posted 10 months ago