Real Estate Disputes

Real Estate Disputes

Real Estate Disputes

The purchase, financing, and sale of real estate can have many obstacles.  Often financing is the biggest obstacle.  Sometimes it’s the representation you’re getting from your agent.  Sometimes there is a problem with the state of the property itself.

Early advice when a problem starts to emerge can prevent big mistakes that lead to buying poor quality properties, getting into complex and problematic ownership structures, or exposing yourself to liability later.

Real estate disputes emerge when business partners and family members squabble, when the wrong people are trusted on title for the wrong reasons, and when your real estate agent isn’t actually acting in your best interest.

Some of the case citations are genuine horror stories in what can go wrong when you trust the wrong people with the biggest investment you will likely ever make.  You will need experienced counsel like Mr. Menkes to help sort these things out and get your property back in the right hands.

Desta v. Tadesse, 2015 BCSC 1183 (CanLII),

Family had originally purchased home using savings of all 4 children, but only one child had good enough credit to qualify for a mortgage. The mother arranged for help from a “family friend” to go on title as a trustee and help with the mortgage financing. The “family friend” turned out to be an aunt […]

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Ali v Ali, 2018 BCSC 22 (CanLII),

The family purchased a house together, and originally mother, father, daughter, and daughter-in-law were on title. Daughter had a good job and good credit but it was alleged that she made no actual material contribution to the house purchase or the mortgage. When the family refinanced the mortgage, Mother and Father transferred title to Daughter […]

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Rutkowski v. Castro, 2020 BCPC 117 (CanLII),

The claimants had hired a real estate agent to sell their home. The agent had promised the claimants a reduced commission of $20,000 but also got the client to sign a listing agreement with a commission rate of $43,000. The reduced commission was evidenced by another written agreement but the agent claimed the buyer had […]

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