The Long Lasting BRA, is it Enforceable?

Question:

I was just approached by a potential Buyer in my area. He signed a BRA with a 31 December 2022 termination date.

The Buyer was very upset when we looked at the BRA that had been signed with a previous agent. This agent hasn’[t sent them any listings or showed them any properties in the last 4 months. He was upset that they didn’t want to submit an Offer after only seeing three houses. None of them worked.

Is this legal?

Answer:

I would suspect that there might be several issues here:

1) it was void from the outset,

2) it was voidable from the outset, and

3) the agent has breached the contract.

There are several different arguments which can be presented in respect to each of these issues. I would strongly suggest that the Buyer retain a lawyer at this point, otherwise, you risk the accusation of interference both under the Code and civilly.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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