Special offer

An offfer should have the property legal description. Diane Plant

By
Real Estate Sales Representative with Forest Hill Real Estate Inc, Brokerage

 

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 reponse 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 a great deal over asking. 

 

John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

Holy Cow!  Suggested in hopes of a reminder to all.

Mar 05, 2014 04:50 AM
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

Diane,

Excellent point. Not too many people are aware of this.

There are in fact all kinds of problems that would be solved if agents and/or lawyers followed your words of caution.

Brian 

Mar 27, 2014 11:20 AM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

I do not describe a property. No legal advice will come from me. The seller or title rep should provide me with a legal description.

Aug 28, 2015 05:00 PM
Diane Plant
Forest Hill Real Estate Inc, Brokerage - Toronto, ON
Broker, TorontoHomeSearch: Forest Hill Real Estate

I live in Toronto. We do not have title reps. We also don't have Zillow or Trulia. The information of legal description comes from the sellers deed or through our MLS system. Canada does not have an open information system-we are all about privacy laws.

Aug 29, 2015 02:54 AM