An offer should have the property legal description. Diane Plant

I have been a realtor for over 25 years. In the body of the offer there is a line “and legally described as-_______________________________________________________________

_________________________________________________________________________

_________________________________________________________________________.

When I began my career we always filled that line out with the physical description not the lot and plan number only.

I caution everyone to protect the buyer and seller by properly describing the property.

i.e. single detached brick home, with private drive and detached single garage

or bungalow with siding,  mutual drive and no garage.

You are not doing your due diligence as a realtor to rely only on the listing-realtors make mistakes.

Recently a home was purchased on multiple offer (11 offers). The property went over $100, 000. above asking. The listing said parking for 3 cars. The line on the offer  “and legally describes as” only had the lot and plan #.

After moving in the buyer parked three cars on the drive and one in the garage. The neighbour knocked on the door and asked the new home owner to move the 2 cars on the drive.

The response was “Why?” I have parking for 2 cars there.

The neighbour replied “You are in a right of way and can’t park there.”

The buyer spoke to their lawyer and discovered that had the legal description indicated private drive or parking for 3 cars they would have had a strong legal case. However their case is very weak and were advised not to sue the previous owner.

The listing agent could be taken to RECO, however that would not monetarily benefit the buyer who paid a  great deal over asking. 

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