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In Quebec, the Seller and Buyer are firstly bounded by the purchasing agreements they have signed. However, if there is any uncertainty, they have to rely on the standard clauses stipulated by the Organism d’autoréglementation du courtage immobilier du Québec(OACIQ) (Quebec Real Estate Brokers Association) and then the laws. In this specific case, Although Art. 10.5 stipulated by OACIQ asks the Seller to provide a valid title of ownership, including the certificate of location, the certificate is too old to be qualified as “valid” but the Seller pulled out the issue only at the last minute before the agreement, deluded the Buyer to accept a clause for which the truth can only be revealed after seeing a notary. The Seller’s agent knew that usually the buyer will go to a notary only after the parties agree on the price. Even though, the clause that the Buyer agreed does not mention the amendment issue to which Article 10.5 clearly specified that “ the cost of any new certificate of location shall be borne by the Buyer where the previous certificate proves not to have been amended” which means if the certificate needs to be amended, it shall be the Seller to pay.
Moreover, by the time the Seller for the very first time raised the certificate of location issue, it has already been too late and impossible to obtain a new certificate before the transaction date that both parties had agreed. It is therefore not the Buyer’s fault, but the Seller’s fault for any delay because it was the Seller who hid the problems to the last minute.
The notary suggested to buy a title insurance in order to make the transaction happen on the expected date agreed by both parties. After her dirty play has been debunked repeatedly, the Seller’s agent, a Quebecoise, never admitted her obvious dishonesty, and yet has always shamelessly badgered the Buyer’s agent to compromise. You know why? The Buyer and the Buyer’s agent are Chinese and the image of Chinese people is permanent no matter what the issue is, regardless there are thousands of thousands decent law-abiding Chinese immigrants in Quebec who have been deeply systematically bullied and ignored, except the election season!
In fact, the Seller’s agent has played the dirty all through the way: providing a half-empty seller’s declaration and only provided the complete one after the inspection, with added terms contrary to her advertising; unilaterally imposed a clause as “final” after both parties agreed on an amendment and raised the certificate renewal issue when it can’t be done before the transaction date.
Does the Seller’s agent care her client’s interests? To everybody’s knowledge, having the transaction done as earlier as possible is in the best interest of the Seller. Even though the Seller’ agent’s wrongdoings are obvious, she never admitted any faults, did not make any compromising effort and yet badgered the Buyer’s agent to compromise, dragging the issue to no ending. Give the dirty the Quebecoise agent has pulled out all the time in the transaction, I doubt if the Seller knows what his/her agent did to him/her. I feel sorry for the Seller, comparing with the Buyer’s agent who is willing to compromise although she did no thing wrong.
Royal LePage, is this how you train your real estate brokers?!
After all, does the OACIQ care? As soon as they understand the Seller party is Quebecois and the Buyer party is Chinese, “Well, you need to consult a lawyer”, which means let the money talk; “or file a request of assistance form, they may start an investigation 10 days after…” After election after election, it is always the same bureaucrats governing in Quebec!
I would like to send a message out: real estate broker business in Quebec should not have been a swindling business, SHAME ON YOU! Royal LePage has no thing to do with the word “Royal”!
A voice for the little people, minority people and decent people in Quebec, Canada!
Seller’s declaration before the inspection:
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Only after the inspection, the Seller provided a complete declaration, declaring no legal warranty on certain things whereas:
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Broker’s Declaration guaranteed the sale with legal warranty.
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狗仔卡
发表于 2017-12-15 12:42:10
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