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Canadian Real Estate/Seperate Entrance to Basement Issue

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Question
Hi,

Could you please explain to be what is meant by a separate entrance to a house. In the listing for my house, my agent stated that there is a separate entrance which leads to the basement of the house. This entrance is from the garage and it leads to the basement or to the ground floor of my house. There is a door that blocks the ground floor from the basement, and if it is locked, if you enter from the garage, you only have access to the basement. Does this count as a separate entrance or did my agent advertise this incorrectly?

I sold my house and now the buyer is now asking for compensation because there they state that there is no separate entrance and advertising was misleading. Funny how they brought this up after they had already seen the house several times and signed the agreement that they would like to purchase this house. The closing date has not yet arrived. I am guessing the agreement would be invalid and the deposit would go to back to the buyer plus additional fees that we may have to pay if it were concluded that the agent used misleading advertising.

Please advise in this matter.

Thank you!

Answer
Hi there.  Sadly this kind of confusion happens all the time.  I suspect that this door issue would not be enough to void the deal as it was clear to see where the door was when the people looked at the house before they bought it.  It sounds like there is a separate door that leads to the basement of the house so I do not feel it was misrepresented on the MLS at all.  I think they just want out of the deal and this is an issue for the lawyers to fight about(which costs money).  My opinion is that you still have a solid deal and if they tried to get out of that deal that YOU would have the right to sue them if you can prove some kind of damages.  

This is definitely and issue that your lawyer can handle but I think you are in a much better position than they are.  This is why a good lawyer is so important!

Good luck!

David  

Canadian Real Estate

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David Sussman

Expertise

Residential Real Estate Questions in Ontario such as financing possibilities, clauses, how to choose the right agent, buying/selling your home/condo and anything else that relates to real estate trading such as what my home is worth or tips and hints for how to protect yourself as a buyer or seller.

Experience

Residential Real Estate Agent in the City of Toronto for Royal LePage, Signature Realty.

Organizations
Toronto Real Estate Board Canadian Real Estate Association Royal LePage Signature Realty

Education/Credentials
Carleton University, B.A. and Business Management from U of T

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