Notary problems...

[Nakoliss]

Hello everyone,

A while ago I posted a message stating that the condo I was going to purchase we finally didn`t go ahead with the transaction as we found out that the seller lied to us many times and even gave us a false lease stating that the tenant had signed until june 30th when it was not true (The lease ended in May this year). Anyway, we decided not to go ahead with the purchase because of this and also because of some issues about the property we discovered when doing the inspection.

Now, I want my deposite back from the notary (5000$). He doesn`t want to give it to me since he wants to be paid for his services (about 1500$). On my contract, it states that the seller is in charge of all expenses and fees. He still doesn`t want to reimburse my deposit.

Is this normal? If you end a purchase as I did, do you normally have this kind of problem? Is it ONLY in Quebec again?

Merci beaucoup,
Daniel.

 

[roizes]

Bonjour Daniel,

Whose "notaire" is this, yours or the seller`s? Not sure about quebec laws but in alberta we have never had to pay legal fees on a failed transaction. It is a different story if your notary had to write up the purchase contract.

Simon


QUOTE (Nakoliss @ May 22 2008, 01:34 PM) Hello everyone,

A while ago I posted a message stating that the condo I was going to purchase we finally didn`t go ahead with the transaction as we found out that the seller lied to us many times and even gave us a false lease stating that the tenant had signed until june 30th when it was not true (The lease ended in May this year). Anyway, we decided not to go ahead with the purchase because of this and also because of some issues about the property we discovered when doing the inspection.

Now, I want my deposite back from the notary (5000$). He doesn`t want to give it to me since he wants to be paid for his services (about 1500$). On my contract, it states that the seller is in charge of all expenses and fees. He still doesn`t want to reimburse my deposit.

Is this normal? If you end a purchase as I did, do you normally have this kind of problem? Is it ONLY in Quebec again?

Merci beaucoup,
Daniel.

 

[AnitaR]

Hello/Bonjour,

As a fellow investor in Québec, I rely heavily on organizations that support owners. I`m in the St-Jerome area and am a member of "Locateurs Avertis". I also know that "CORPIQ" is another province-wide association but I haven`t dealt with them. These organizations are to support owners through the different steps of their investing, management and rental activities. They know the laws inside-out and will surely be able to provide you with some information. The membership ranges with the size of your investment properties but can range from $100-200. A very good investment to have access to specialists in the area!!!

Good luck in getting your deposit back!

Anita

 

[Nakoliss]

Bonjour Anita,

Merci beaucoup for the advice. I will look at getting a membership.

For the deposit, I have it in my hands right now.

I`ve contacted the notary again and explain to him why I wasn`t the one who should pay for his services. I finaly was able to prove to him that in our offer to the seller it stated that he (the seller) was to pay all fees. The notary decided to send my check back.

Phwew... scary moments but it ended well.

Thank you,
Daniel.