Insert Lawyer’s Information in Agreements

Notices Provision

Question:

Would the Buyer’s or Seller’s Lawyers fax no. and email be inserted in the clause if there is a multiple representation agreement?

Answer:

Use somebody’s email or fax, otherwise, there is a very difficult time proving the alternative, that is, personal service.

No one seems to object to their lawyer’s info here.

If there is a difficulty locating one of the parties this could be catastrophic.

An individual purchased a pre-construction condo. It went up in value. He sold it because he got a new job out west. Then, before closing he went on holidays to Europe, no phone, no forwarding address, no one knew where he was.

Eventually, he was tracked down by a private investigator at a cost of $12,000.00 at the expense of the real estate agent.

Notices had to be given related to a change in the condo documents by the Builder. Both he and the new Purchaser had to agree. If there was no agreement, then, the sale to the first purchaser would become null and void. Thisn would mean that the Builder would get the “market lift”, of $200,000.00.

It would have been very simple to have included the lawyer’s contact information and the Notices could have gone there.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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