Right,

Bought a house (well husband did) I went and looked at it on the 7th of June and realised it was too small and too overlooked.....tried to give the sellers 5 thousand dollars (after only having just lifted conditions) to let us out of the sale. So 5k for one week.

They said no.

OK take it on the chin.

Sellers dissapear for two weeks with key..... tell nobody

Meanwhile I need to get in to measure for furniture

Sellers are back one week. Still refuse....... I have to move in and buy furniture ............ obviously can't.

I am a great believer in being reasonable - and I really don't think they are being so.

Right, is there anything in a bog standard contract that when the seller sells means they have to be reasonable about letting the buyer in to view/measure etc?????

I know our contract is bog standard so just thought that I would ask.......



Advice would be good guys....................

Thanks (in frustration)

Mrs Miggins x

That's a bit incoherent, like. Has Mr. Miggins been a naughty boy then?

When is your closing date? Cos, I think until then you have no particular right to re-enter the house.

Mind you, the vendors seem like uncooperative jerks.

So....you try to break the sales contract, find out you can't, then ask for access to what is still their property before completion and possession date? Did I misunderstand something? Actually, they are being quite reasonable. It is usual to wait until you have possession of the property, unless you have very friendly sellers. I rather think that they are not going to be too friendly, tbh.

Actually for the record - if someone offered me 5 thousand dollars for holding on to a house sale with no comeback, 6 days after the offer was put in and a day after conditions were lifted, - I think all things considered I wouldn't be mortally offended.

And Dingbat, I have just looked at the CHM website and it clearly stipulates in there expect to allow buyers access beofore the house sale completes.

So Dingbat - not quite what you expected then....... (it also says it's a clause in most contracts and I am 99% sure it's mine)

I have started to smile again

Mrs Miggins

But, has Mr. Miggins? Caveat emptor and all that.

WTF????????????/ LOL

Realtor just called and said that it's not a problem for tomorrow after 11am. This was after I pointed out that they were contractually obliged and were not acting anyway reasonably by having taken the key and dissapeared for two weeks......

Anyway - all done..

Apparent the husband is lovely and the wife is a bit nuts. From what I can make out is that they have divorced and now just gone and got married again.

As the Canadians say ------- eh??????


Take Care and thanks for the feedback,
Mrs Miggins

I don't expect anything , I just answered your question. What it says on a website and what people will actually comply with are quite different. You are used to the UK when a contract means that a signatory is obliged to do XYZ. Having been burned twice by real estate here - both as a purchaser and a seller, unless you have $$$ to fight the person who breaks or varies a contract, you rely on goodwill. Goodwill is the cornerstone of many transactions in Canada, unlike the UK. If you p*** on the goodwill of others in a small community, do not expect help if things go wrong down the road. Everyone knows everyone here; news travels fast. Enjoy your new home.

I think if the buyer does the slightest thing to p**s the vendor off then the vendor just digs in their heals.

My Canadian friend heard that a house was going on the market (via the next door neighbour of the house who she knew) so immediately (within hours) went to view the house and had the offer accepted the day after.

The problem with the sale was that the vendor had said she wanted to sell to a family and my friend was buying as an investment - buy to let - this p**ssed the vendor off and she wouldnt even let my friend on the pathway leading up to the house or have a second look around the house until the deal was done on the completion date.

Possession should have been for the first of the month and the money was transferred a day earlier (she had moved out already) and my friend even had problems getting the keys when payment had been made as the damn woman had turned her cell off

What I am trying to say Mrs M is that as you unintentionally p**s off your vendor they are doing eveything in their might NOT to endanger the sale.

Wish I was there would go and duff 'em over Manchester style

Chat soon - message me how you get on hun.

Gay
xx

This was a fatal error on you part Mrs Miggins....you never ever let a man buy something as important a a house!!!!!

Anyway hope you get it sorted out soon and try and enjoy.

No Obligation to let you in before deal closes, Lawyer would advise they don't.

We would not let next owner in, gives them a chance to find a reason to back out of sale.

Not unreasonable standard practice.

In Saskatchewan how it works is that if the purchaser wants out of the sale, then he or she can break the contract. Contracts can always be broken. That is what keeps lawyers in work! I assume it is the same in Alberta.

If you had said you are not going through with the deal then you would have broken your side of the contract and the vendor could have kept the deposit monies. They could also have sued you for any damages that they had suffered. But with a very brisk housing market, they could probably have sold the house pretty soon and they would have had trouble proving that they had suffered any financial loss by your breaking the contract.

Even if they had gone to their lawyer and said they wanted to sue you, it doesn't happen very fast. For starters they would have had to come up with some reason as to what they had lost by your breaking the contract. After all, they already had your $5,000 a compensation.

I am wondering if a lawyer told you that you could not break the contract, that would be rather strange advice.

Buyers are allowed reasonable access to the property once all conditions on the contract are lifted. It is a standard clause in most real estate transactions in Canada. And, in my experience, standard practice.

If the buyer goes into to the property, as above, and finds something 'wrong', too bad for the buyer.

Not in Manitoba, in fact it is the exact opposite, there is a clause in the standard contract that allows the seller continued peaceful occupancy of the home until occupation date. It is normal to allow you in for the house inspection and for an appraisal if necessary, but there is no obligation after that to let someone in.

Many Realtors will advise the seller to refuse unnecessary re-entry in case of "buyers remorse".

Also the advice to a seller in your situation would be to refuse the $5,000 offered, as if you were to break the contract the damages awarded by a court could be far greater.

If you broke the contract you are not only liable for any costs and losses to the sellers, but also to the Realtors involved in the transaction, as well as the lawyers, etc. Its not like the UK.

How can you make a commitment like buying a house without being absolutely certain, and knowing the size of the rooms and everything else?

Utter madness. I dont blame the seller for being pissed.

That was in my recent ON purchase - one visit by mutual arrangement prior to closing, and then a walkthrough a day or two before. Not that it matters, but 1 visit "for measurement purposes" was also in our Scottish contract too.


Mrs Miggins, so are you buying, or pulling out, or what? What was it you didn't like about the house? (actually I can imagine the rubbish I'd get if I sent Mr B house shopping... don't answer that one!).