Renter is a RECO Registrant: No Loss of Rights

(Ontario)

Question:

I have clients who bought a rented condo 2 years ago, we did not know that the seller’s real estate agent was the renter. The agent never disclosed it. My clients sent a notice to the renter (the real estate agent) to move out and gave him 4 months, the renter is refusing to move out and now they have a hearing at the end of the month.

  1. Can we use the non-disclosure for the hearing at the board?

No, the obligation to disclose was to the Landlord at the time, not your clients.

  • Should they complain to RECO?

That would seem unnecessarily unfair. RECO will simply indicate that you have no grounds for such a complaint.

  • Any advice?

Stick to the lease and the eviction. That’s what’s relevant.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

Comments 2

  1. If there was a confirmation of cooperation form signed, wouldn’t the name of the listing agent have been made obvious there and disclosed to everyone involved? Was there a COC signed?

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