Guilty or NOT GUILTY!
Well, I am irate! After reading this, please respond and let me know your opinion. I would very much appreciate it.
As you can tell, I am a Realtor in the City of Mississauga. I listed a detached house, over 30 years old (as many in the area are). The house had been very tastefully upgraded and included a large family room addition from the previous owners. My clients are a young family with 2 young children, not original owners. We reviewed the home and the area values, came up with a price we were both satisfied to offer and placed it on MLS.
The house showed like a magazine and it wasn’t long before we had an offer. The offer came in via a fellow Realtor from a competing Brokerage. This agent was familiar with the house as they had an opportunity for the listing. The offer came in, we worked on it for several hours and even had the buyers in the house during the negotiations (this is not usually the case)! The night was winding down and we came to an agreement – CONDITIONALLY SOLD! Financing and Home inspection.
Financing was approved and Home inspection completed. Nothing was addressed about the home inspection – the waivers were signed and the deal was firmed.
The deal closed and the new owners moved in. Prior to closing, the purchasers asked if there were any of the renovated floor tiles remaining as they wanted to add a section of flooring. Within a short time of moving in, a large dumpster could be seen on the driveway!!!
Several months later, I had taken another listing on the street just a few doors up, and during an open house I saw the purchasers out on their driveway. I went over to say hello. We had a few smiles, how’s the weather, how’s the house? They said all was ok but there were a few issues, nothing in detail but I could clearly see they were working on their front bay window – apparently there was damage underneath. I returned to my Open House.
Several weeks later I received a legal notice of claim (law suit) in the range of 50-60K. Apparently they found mold in the house. The claim was against: The Vendor (for concealing mold), Listing agent (Me – for knowing there was mold and not disclosing), Their Purchasing agent (not doing Due Diligence in discovering the mold) and the Home inspector (for not finding the mold).
Any legal claim is to be taken seriously and at no point do I not feel for the purchasers if this was the case – however I was un aware of any mold in the house.
I met with my Reco appointed lawyer and within the first 2 minutes explained to him that I was NOT guilty of any part of these accusations and that I would not be paying a penny to anyone. And if they are trying to get money out of everyone I was not interested! This was very clear!
Details were taken, paperwork submitted. A mediation date was set up. From the point of getting the original notice to this mediation date – I had no contact with my Vendor clients, the Home Inspector or the other agent.
The mediation was set for 9:30 am. And was to go to 1:30. I had never been sued let alone set for mediation. I explained again to my Lawyer I am not paying a dime! The session began and we were all brought into a large meeting room in Downtown Toronto. This is the first time I had seen or heard from all the parties. The plaintiff’s Lawyer began with their statement of unsubstantiated accusations (which my lawyer was quick to respond for direct information – it was never given). The session proceeded and really got nowhere. At about 1-30 the Plaintiff’s party moved to another room, and that would be the last we would see of them. The remainder of the day was to be a series of back and forth negotiations on how much all the defendants would be willing to offer the Plaintiff as to not to go to court! I was Irate!!!!!! It became very clear to me that we were not there for right or wrong, we were not there for the Plaintiffs to receive money for a wrong doing, we were not there to correct an error, rather we were there to find out how much insurance money was going to be presented!
Apparently, each defending party’s insurance company had already placed a dollar value on this case and it wasn’t until 6:30 pm that night that that dollar value was truly disclosed. I did not want to settle, I did nothing wrong and acted in a professional and courteous manner before, during and after. I explained I did not agree with this. It was then explained to me, that if I decided not to agree, the case would go to court and my insurance would not cover my expenses!!!! WOW! Basically, take it or leave it.
There was never any evidence shown about the accusations to any of the parties, yet they agreed to pay – rather the insurance companies agreed to pay.
Although there is insurance, I have still incurred several thousands of dollars being paid to the insurance company…for not defending me!
What is your opinion? Of course, I am not able to give you names and we were there for an entire day, but that was the basics of the issue. Should we have paid, did I do anything wrong? Would you pay your bill if you were not defended?
Let me know – throw me an E-mail paul@movewithpaul.com
Mississauga Real Estate www.movewithpaul.com posted in 2009
Listings
