adplus-dvertising
Connect with us

Real eState

Vancouver real estate: Court rules agreement not binding | CTV News – CTV News Vancouver

Published

 on


A Vancouver man who sued the would-be buyer of his home for $600,000, claiming he was owed a deposit for that amount despite the deal falling through, has had his claims dismissed by the B.C. Supreme Court.

In a decision issued Tuesday and published online Wednesday, Justice Andrew P. A. Mayer found that an agreement signed by homeowner Mark Angus and prospective buyer John Williams is not an enforceable contract. 

Mayer’s decision details several months of negotiations in 2019 and 2020 between Angus, Williams and CDRW Holdings Ltd. – a property holding company owned by Williams’ wife – for the sale of a home on East 5th Avenue in Vancouver.

The court decision does not share the exact address of the property, which was first listed for sale in early 2019 for $7.7 million. In June of that year, Williams’ wife Donna made an offer on the property, which was rejected.

Angus and Williams continued to discuss the property after that time, eventually meeting on July 22, 2020, to discuss moving forward with the sale in two transactions totalling $6.8 million, according to Mayer.

At that meeting, the decision indicates, Williams drafted the agreement and both men signed it. The agreement laid out plans for the sale of the property for $6.4 million, as well as a subsequent purchase of $400,000 for various other items, including furniture and art.

In his decision, Mayer refers to the agreement as a “term sheet,” and notes that it is a one-page document with no title that does not refer to the property or its address. It does, however, include a bullet point indicating that Williams or CDRW would make a $600,000 deposit into a “lawyer’s trust account by July 24, 2020.”

Despite the purported deadline, no such deposit was ever paid, according to the court decision.

Instead, Mayer writes, after an inspection of the property that revealed issues with the building envelope, the Williams family decided it no longer wished to buy the property.

Angus had his lawyer create a formal purchase and sale agreement, which was sent to Williams on July 29 with a deadline of July 30. When Williams did not respond, Angus’ lawyer sent follow-up emails that were also ignored.

According to Mayer, none of this correspondence referred to the term sheet. The first reference to the alleged agreement came in an email to Williams from Angus’ lawyer on Aug. 12, 2020, which “set out Mr. Angus’ position that he considered the alleged agreement for purchase and sale of the Property to have been repudiated.”

Angus eventually sued Williams and CDRW for $600,000, arguing that the signed term sheet constituted a legal obligation for the man or the company to pay the deposit.

Mayer rejected this argument, concluding that a “reasonable objective bystander” would not view the agreement as legally binding, given the circumstances surrounding it and the lack of detail within it.

“The term sheet does not refer to the property,” the judge writes in his decision.

“Although it is a virtual certainty that the property was the subject of the ‘first transaction’ in the term sheet, the lack of even a cursory reference to the property suggests a casualness which is not consistent with an intention to formally bound to a contract to purchase an expensive piece of real estate.”

That casualness, coupled with multiple written references – including within the term sheet itself – to having a lawyer or real estate agent complete paperwork, would lead a reasonable objective bystander to conclude that “the understanding or intention of the parties was that their legal obligations were to be deferred until a formal contract had been approved and executed,” Mayer writes.

For these reasons, the judge dismissed Angus’ lawsuit, noting that the usual order would be that the defendants are entitled to payment of their court costs, and inviting the parties to make submissions on that matter if they wish. 

Adblock test (Why?)

728x90x4

Source link

Continue Reading

Real eState

Greater Toronto home sales jump in October after Bank of Canada rate cuts: board

Published

 on

 

TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.

The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.

The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.

“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.

“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”

The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.

New listings last month totalled 15,328, up 4.3 per cent from a year earlier.

In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.

The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.

“I thought they’d be up for sure, but not necessarily that much,” said Forbes.

“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”

He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.

“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.

“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”

All property types saw more sales in October compared with a year ago throughout the GTA.

Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.

“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.

“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

Source link

Continue Reading

Real eState

Homelessness: Tiny home village to open next week in Halifax suburb

Published

 on

 

HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.

Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.

Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.

The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.

Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.

They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.

The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.

This report by The Canadian Press was first published Oct. 24, 2024.

The Canadian Press. All rights reserved.

Source link

Continue Reading

Real eState

Here are some facts about British Columbia’s housing market

Published

 on

 

Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

The Canadian Press. All rights reserved.

Source link

Continue Reading

Trending