# sue after closing



## abroad (Feb 26, 2013)

:encouragement:


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## Four Pillars (Apr 5, 2009)

I think you should hire a team of the best lawyers you can find and sue away!


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## MrMatt (Dec 21, 2011)

abroad said:


> The closing date was a few month's ago, but we did not close because there were some issues, things that were missing.
> We tried to resolve it with the sellers, they said they would but in the end did nothing.
> The missing things are not solved but the seller tell's us buy or release. They give some compensation but its only for 10%.
> They are using original contract, only the closing date has changed.
> ...


Your lawyer should explain why you can't sue.

If they're willing to give 10% compensation that might be reasonable, you could always let the deal fall and sue for more. But if you don't have any real losses, you won't get much.


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## MRT (Apr 8, 2013)

abroad said:


> ...
> 
> So we asked our lawyer if we could sue them for all the missing things after the closing date, but our lawyer says we can't.
> 
> ...


I think you need to rely on your lawyer's advice, and seek a 2nd formal legal opinion if you don't trust him/her.

Correct me if I am wrong, but I'm guessing that whatever is 'missing' is not stuff that is explicitly listed in the contract. Assuming not, the question becomes how you can prove that the vendors advised you that the stuff was included with the property.

If the stuff IS explicitly stated in the contract, then you can (and may still be obligated to) close the transaction and seek legal recourse afterwards (it happens all the time, but disputes are usually resolved between the lawyers, agents, or parties themselves). Unless there is a material defect, neither side can unilaterally terminate the contract, which is why they are asking you to close or sign a mutual release.

What was missing? How much is it worth? How badly do you want the property?


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## SpendLessEarnMore (Aug 7, 2013)

Is this relating to the big barn with electricity cut off and seller not willing to re-connect it? If so and they're compensating you 10% it sounds like a steal of a deal without having seen the actual contract. But even with your lawyer's advice telling you can't sue 10% is better than nothing.


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## Berubeland (Sep 6, 2009)

You can't sue because you've accepted 10% compensation already. In effect the parties and their lawyers have looked at the situation and decided that rather than going to court and spending lots of lawyer time and money, they would come to a settlement. 

After coming to such a deal it's hardly fair to sue, right? Plus the other lawyer, if he doesn't have rocks in his head would have included a clause that ends any future claim you might have.


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## abroad (Feb 26, 2013)

:encouragement:


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## Just a Guy (Mar 27, 2012)

You're lucky to even get the 10%. Where are the damages you suffered? You didn't get the farm, but it didn't cost you anything since you never owned it. You can't make money in real estate by sueing people (this isn't America), we have some common sense here sometimes. 

And, if this is that farm, you've already asked this question and had it answered. What are you looking for, or are you just like a four year old who keeps asking the same thing until you get the answer you want?

If so, then YES, sue the guy into the ground, spend lots of money!!!! You deserve to win. Then you can start a post about the unfair justice system...at least it will be new.


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## MoneyGal (Apr 24, 2009)

I'm not really sure you are going to get answers here that are going to satisfy you. 

You can (attempt to) sue anyone, anytime, for anything. The issues are whether you can find a lawyer to represent you -- or you can represent yourself -- and a court in which to hear your case. 

So, in response to your question, CAN you sue? The answer is yes. 

but SHOULD you sue? the answer emerging from this thread is "ask your lawyer not us / no."


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## Four Pillars (Apr 5, 2009)

MoneyGal said:


> So, in response to your question, CAN you sue? The answer is yes.


Actually, I think the answer is "please stop posting here".


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## BlackThursday (Apr 25, 2011)

Four Pillars said:


> Actually, I think the answer is "please stop posting here".


Your professionalism and helpfulness is an excellent advertisement for your financial services. You will do well in life.


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## Four Pillars (Apr 5, 2009)

BlackThursday said:


> Your professionalism and helpfulness is an excellent advertisement for your financial services. You will do well in life.


Yet another knowledgeable poster. I am doing very well in life and I don't offer any financial services.

33 posts since April of 2011? I see you have been busy being 'helpful' on these forums. Might as well shut them down if you ever leave.


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## Rusty O'Toole (Feb 1, 2012)

Speaking as someone who has been investing in real estate since the seventies, you got off lucky. Forget the whole thing and get on with your life. Sometimes deals don't work out, so what? The whole world is covered in real estate, there are lots more deals where that one came from.

I can also tell you that if you expect every property you buy to be perfect, and everyone you deal with to give you everything you want, on a silver plate, with whipped cream and a cherry on top you are setting yourself up for a lifetime of disappointments.

If you make up your mind to get what you want (the farm) and not let a trivial problem stop you (the electricity) you will get what you want more times than not.


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## BlackThursday (Apr 25, 2011)

Four Pillars said:


> Yet another knowledgeable poster. I am doing very well in life and I don't offer any financial services.
> 
> 33 posts since April of 2011? I see you have been busy being 'helpful' on these forums. Might as well shut them down if you ever leave.


Offering a book for sale is, in fact, a service.
Offering abuse, you are correct, is not.
I thought you did both but perhaps I'm mistaken. 

You might want to spend a little time thinking about how you present yourself to the outside world and whether it is in the best light or not:
Does it bring readers to your blog? Does it sell copies of your book? ..or perhaps does it repel some people?

Just a thought (and look I am now up to 34 of them! - even though brevity *should* be a virtue)


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## Berubeland (Sep 6, 2009)

@Black Thursday are you kidding me? Where do you get off being the post moderation police? Telling people they are not professional? There are much worst things than not being professional by the way. Like being a liar or crook or even a sue happy person trying to unjustly enrich themselves. 

Four Pillars is and continues to be a valued member of this community and I hope he speaks his mind more often not less.


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## marina628 (Dec 14, 2010)

Smart people would have moved on and bought another property by now.If I was the seller i would be increasing the price $10,000 every time you and your agent came back because you obviously want it..


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## sags (May 15, 2010)

Hire a lawyer....give them a retainer fee....and wait for the letters to come in the mail that contain the words...."please remit the following".


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## MoreMiles (Apr 20, 2011)

marina628 said:


> Smart people would have moved on and bought another property by now.If I was the seller i would be increasing the price $10,000 every time you and your agent came back because you obviously want it..


+1
http://canadianmoneyforum.com/showthread.php/16275-Deal-death/page4

To the OP: you have posted on the same subject again and again in the last few months... Your first post said that you are new to Canada and now you say you want to sue. You should perhaps understand our society better first, before you become so adversarial.

This is not how it works in Canada. You should really consider your lawyer's advice and move on. 
The lawyer fee is $400 per hour. When you meet him and talk to him on the phone, the clock is ticking. When he writes a letter for you, the clock is ticking... don't be surprised to be billed for over 100 hours and get nothing back at the end. Even your lawyer advises you not to sue. If you don't trust your lawyer, hire another one for a second opinion.


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## Four Pillars (Apr 5, 2009)

BlackThursday said:


> Offering a book for sale is, in fact, a service.
> Offering abuse, you are correct, is not.
> I thought you did both but perhaps I'm mistaken.
> 
> ...


I've said it before http://canadianmoneyforum.com/showthread.php/14552-Couch-Potato-for-Hire

and I'll say it again - you, sir are a troll.


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## Just a Guy (Mar 27, 2012)

Berubeland said:


> Where do you get off being the post moderation police? Telling people they are not professional?


Oh the irony here...

Thanks for the laugh Rachael.


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