Real Estate

Real estate disputes in Small Claims Court

While the majority of real estate transactions close smoothly where there is competent real estate counsel involved, the unfortunate reality is that many transactions end in real estate disputes between the buyers and sellers, and sometimes between buyers/sellers and real estate agents and brokerages. Whether you are a homeowner, realtor, seller or buyer of real estate, Mr. Small Claims Court will fight for your real estate rights.

Disputes over latent and patent defects

Consider a case where you purchase a property, only to discover later on that there is mould growing in an area of the basement which could not have been uncovered by regular inspection. Now, consider that you discover that the seller of the property was actually aware of the issue and failed to disclose it!  What do you do? That’s where Mr. Small Claims Court comes in. From failure to disclose mould to recklessly disregarding one’s obligation to disclose plumbing problems, we have successfully litigated numerous real estate defect claims in Small Claims Court. The most recent example was reported in the Toronto Star, and you can download the actual decision here.

By the way, we act for both sides on these types of Small Claims Court real estate disputes.  For instance, imagine that you are the seller and the buyer is wrongfully accusing you of failing to disclose a defect that you knew nothing (and could not have known) about.  We understand what it’s like to be wrongfully accused and have successfully fought on behalf of many real estate vendors.

Do you find yourself with a dispute over a defect, either as a seller or buyer?  Contact us today to discuss your options in confidence.

Disputes over purchase deposits

When purchasing a property, the purchaser will be asked to deposit a sum of money pending the closing, or completion, of the real estate transaction.  The deposit is typically deposited with one of the real estate brokerages, though not always. But what happens when a purchaser fails to close?  Well, the law is that, subject to certain exceptions, the seller is entitled to recover the deposit.  However, in order to have the brokerage release the deposit, both the purchase and seller have to sign a release.  But what happens if the purchaser refuses to release the funds?  That’s where Mr. Small Claims Court comes into play.  We have successfully litigated numerous real estate disputes over a real estate deposit on a failed transaction.  If you find yourself a victim of such a dispute, contact us today to learn how we can help.

Disputes between real estate agents/brokerages and clients

Unfortunately, a large number of real estate disputes in real estate transactions are not even between purchasers and vendors. Oftentimes, real estate brokers and brokerages come to Mr. Small Claims Court, complaining that they were stiffed on their real estate commissions.  Conversely, we have alot of clients wrongfully sued by brokers who did not act in their best interests. Whatever the situation you find yourself in, we can help you, and contact us today for a free consultation.