The real estate market has certainly taken up much more space in the business world.
That said, Mary consulted us regarding a problem she was having:
She signed an offer to purchase the home of a friend through a real estate broker. She explains that the offer was conditional on her being able to sell her current home before buying the new one, but this condition does not appear in the transaction documents. Today, Marie is being sued by the seller and she wants to defend herself but is also concerned about her chances of winning.
Always Put Verbal Agreements into Writing
Unfortunately, this kind of situation is much more common than one might think. First, one must always make sure to put in writing all the essential terms of an agreement so that the consent of each party is free and informed. Secondly, concerning Mary’s case, one cannot in court by verbal testimony contradict or vary the terms of a validly formed written agreement without first establishing a “commencement of proof” from the other party. In other words, Mary must demonstrate the existence of a commencement of proof that might result from a verbal or written admission from the opposing party or even real evidence –some object - which makes plausible the alleged fact.
Do not hesitate to contact us for any question and thus avoid potential future problems.
Harry Karavitis, Attorney-at-Law
Alepin Gauthier Avocats inc.