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Rick004
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# Posted: 29 Jul 2013 11:17pm
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We purchased a piece of property 2 years ago in Kazabazua , Quebec. We made an offer to purchase on 2.8 acres , their were 4 other lots for sale by the same owner and we decided on the 2.8 acre lot because of the location and the gentle slope that it had! We put our trailer on the lot after signing at the notary and slowly began clearing trees . Last winter all the lots in the area were sold so this spring the people next to us started clearing their land and built an outhouse and campsite . I noticed they were kind of close so I started looking for the steel pins that designate the lot sizes . It turns out the real estate agent sold us the wrong lot and the lot size was not 2.8 acres but 1.6 acres !! I contacted the agent , who contacted the owner about the situation . So far he has offered me 3500$ in compensation . I paid 11,900$ for the lot . The issue I have is our " real " lot is flat with a lot of junk trees ( poplar) , I will have to clear a whole new lot to move the trailer and I'm short 1.2 acres !! Should I accept the 3500$ or take it to court ???
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WY_mark
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# Posted: 29 Jul 2013 11:32pm
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not sure how it works in canada...is there a title company that warrants the sale? if so, they should be on the hook too.
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Rick004
Member
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# Posted: 29 Jul 2013 11:47pm
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The agent works for a broker and I understand they have insurance against these sort of things ? But is it worth waiting months or years or is going to court worth the headaches and lawyers fees ??
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WY_mark
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# Posted: 30 Jul 2013 12:34am
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only you can determine if it's worth it. it may be as simple as an insurance claim against them. it may also be that there is a statute of limitations that expires. certainly a consultation with a lawyer is in order.
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Truecabin
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# Posted: 30 Jul 2013 12:37am
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if the agent showed the lot you are on now, it must be the one you wanted so do what you have to do to keep it, hope 3500 is enough.
prob depends somewhat on whose mistake it was.
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Rick004
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# Posted: 30 Jul 2013 07:24am
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The real estate agent admits his mistake on this , the previous company that had the lots listed made the mistake and my real estate agent didn't catch it and listed it as 2.8 acres , that's the first mistake then there is the issue that its not the right location either , it's the lot next to where we are that we are ended up with ! Also we will have to assume the costs of clearing this other lot !
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Rossman
Member
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# Posted: 30 Jul 2013 10:00am
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Man, that really sucks.
I think if I was in your shoes I'd just get my money back for any and all expenses incurred and start looking for another piece of land...
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PA_Bound
Member
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# Posted: 30 Jul 2013 10:16am
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Besides the cost of the acreage, I would hold the real estate company responsible for the reasonable cost of your improvements also.
And, maybe more importantly, how about the owner of the property you cleared? Are they okay that they now own a cleared property, or is there a chance they may hold you liable to replant it? Make sure you have agreement on that, and have it in writing, before you settle with the real estate company.
The lawyers will all tell you that you need a lawyer here. But if the lot you wanted is now owned by someone else who purchased it legally, it's not like you can get take property from them. I think your options are to accept the lot you actually own and obtain compensation from the real estate agent/seller for the differences/improvements, or possibly get complete reimbursement and give them the lot back. BUT, was it recommended/suggested anywhere in the settlement documents to get your own survey done? If it was, and you elected not to, that can significantly weaken any case for a significant award from the courts. Been there... done that.
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Rick004
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# Posted: 30 Jul 2013 10:27pm
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So far the owner agreed to reimburse 3500$ and the agent is throwing in 500$ , they are drawing up the agreement this week , I will definately mention to have them include that I am not liable for any trees that I cleared on the other lot ! I considered getting a full refund and finding property elsewhere but we really love the area and I convinced one of my good friends to buy a lot nearby ( before we found out about the screw up )
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