Cheated by realtor and builder


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goingtocanada   
Member since: Sep 04
Posts: 23
Location: usa

Post ID: #PID Posted on: 23-07-06 20:46:37

Their were 6 duplexes for sale . One of which had an offer already, we made an offer for second one, our realtor made an offer for us , we told him to put less price on offer , but he said builder wont agree to it, he came back and made us agree to full amount on house and added a couple of things on offer. Builder cut the hold back ammount on offer, when we asked realtor he said oh! I will fix that. So that was it. no hold back on offer, which we found out from our lawer. As the completion date was coming near their were no finishings done on the house and we phoned our realtor , he said he was in another city on vacation, he would't pick the phone sometimes , on our walkthrough the house he was,t their, we were worried as the lawer needed the papers for completion , realtor wasn't their , so we had to communicate with lawer and builder ourselves. We phoned realtor , he said we are ruining his vacatin and if we don,t want to do the deal, then don't do it. We were just asking for him to do his part of job atleast. We are first time buyers , I think they all tried to take advanatage of us. On the day of completion only our lawyer was provided with the details. We had asked our realtor to get appliances from builder, but he said builder denied and said we will only get what other party got, or we can pay hin$5000 for appliances . But now after completion we found out that other people got the house on same price as we got including all appliances and more things than we got.

We had asked our realtor , as some of the finishing touch was still remaining, we should hold back some money, our realtor denied. Realtor had been rude to us.
What shall we do now, as we think we have been cheated and charged more. Realtor did not coperated with us. Shall we contact his manager or can we sue him. please help me



Rajeev Narula   
Member since: Mar 05
Posts: 409
Location: Mississauga

Post ID: #PID Posted on: 24-07-06 01:12:38

I feel sorry for what you have faced and are going through. Unfortunately, there are unscruplous people who only think of their interest only.

It is not very clear from your letter though whether this was aSalesperson employed by the Builder or a Licensed Real Estate Salesperson/Broker. If later, you may take your complaint to RECO about the conduct of this person (www.reco.on.ca) . However, this body may not be able to compensate you for your hardship or fix deficiencies. For that you may have to resort to seeking redressal from the courts. Small claims court may be able to handle your case if it is less than 10,000.

Hope your issue is resolved to your satisfaction.


-----------------------------------------------------------------
Rajeev Narula, Broker, REALTORĀ®
ACE TEAM REALTY INC., Brokerage
10 Kingsbridge Garden Circle, Suite 704
(Opp Square One - HWY10/403)
Mississauga, ON L5R 3K6
Bus: 1-888-355-3155 Ext. 300
Fax: 1-888-443-3155
Email:
Web: http://www.RAJEEV.ca" rel="nofollow">LINK


Big Vee   
Member since: Jan 05
Posts: 456
Location: Canada-Glorious and Free

Post ID: #PID Posted on: 24-07-06 15:54:15

Unfortunately they are in the States. However, the agent must be licensed by a governing body in your State ot county. And it must have dispute resolution mechanism you can access.

As for the appliances, it depends on the offer. If appliances were included then the builder must follow through or he becomes in breach of the contract. Remember, your contract has nothing to do with your nieghbours contract.

Small claims court is an option. It can be found in your state website under office of the attorney general. However, the burden of proof lies with you. You have to prove that the agent or the builder reneged on a deal or contract. You also have to prove the your claim. That is if you are claiming $6,000 then you have to show why it is that much and not $ 2,000.

BV



goingtocanada   
Member since: Sep 04
Posts: 23
Location: usa

Post ID: #PID Posted on: 24-07-06 21:04:47

The realtor is a member of Sutton realty. He also told us after the offer that the builder party is known to him and they kicked their realtor out of picture. The problem is that when we put the offer realtor took our offer to the owner and then he came back and said that the party is not agree on the amount less then what they have sold the other house for, and we can only get what other party got. So we thought that the price we are paying is what other party paid and we will get what they will get. But that never got written on contract. He even kept us in dark regarding GST rebate till last day we were thinking that atleast we will get the GST rebate and we can buy the appliances with the same. During the complition we found out through our lawyer that since he had put the sale of house including GST it means builder will get the GST rebate. Lawyer said that realtor should write on his agreement as who will claim the GST, which he never wrote or told us. The house was listed at that time of sale for price + GST but in the offer realtor put the offer price including GST. Later we also found out that the third house was sold at almost 20% below the price we paid. When we questioned they said that since that sale was Cash sale they sold the house for less price. Builder said he save lot of money which I don't understand how he save more money buy selling the house in cash and for less?



Big Vee   
Member since: Jan 05
Posts: 456
Location: Canada-Glorious and Free

Post ID: #PID Posted on: 24-07-06 21:43:33

Reco is your answer.

This will be interesting to see what Reco can do. I still maintain that RECO is an agency run by agents for agents. The agents on this site and I have had this discussion before.

Here is the link to RECO and filing a complaint.

http://www.reco.on.ca/" target="_blank">http://www.reco.on.ca/</a> Click on the Complaints Links

BV



amit kalia   
Member since: Nov 03
Posts: 434
Location: Mississauga

Post ID: #PID Posted on: 24-07-06 22:19:46

Quote:
Originally posted by goingtocanada

But that never got written on contract. He even kept us in dark regarding GST rebate till last day we were thinking that atleast we will get the GST rebate and we can buy the appliances with the same. During the complition we found out through our lawyer that since he had put the sale of house including GST it means builder will get the GST rebate. Lawyer said that realtor should write on his agreement as who will claim the GST, which he never wrote or told us.



Your Realtor should have told you that either home buyer or the builder can qualify for the above rebate. In most of the cases the home builder applies for the rebate and credits the same directly to the home buyer or reduces the home price equivalent to the rebate amount. So in a way, you have received the GST credit in your home price. The home should be either a single unit residential complex or a residential condominium unit. The home is intended for use as the primary place of residence.

More info on GST rebate http://www.cra-arc.gc.ca/E/pub/gi/gi-015/gi-015-e.html

Can you tell me where are these duplex homes?


-----------------------------------------------------------------
Amit Kalia, Broker, REALTORĀ®
RE/MAX Real Estate Centre., Brokerage
independently owned & operated
100 City Centre Dr, Unit 1-702
Mississauga, ON L5B 2C9
Phone No.: 905-339-5111
Website: https://www.realestate-ontario.com/
Condo Blog: https://condopundit.com/blog/




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