When a real estate deal falls through, you should weigh whether litigation is worth it

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When a real estate deal falls through, you should weigh whether litigation is worth it
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Why resort to the courts when a transaction involving a sale of a house falls through? This case shows it can be unnecessarily costly, says Bob Aaron.

Is it worth taking someone to court over a failed house purchase, assuming there appears to be grounds to do so?

Prior to closing, Chan and Hsiao discovered that the City of Toronto had four open building permit files and one active inspection file in its records for the property. Their lawyer sent what is known as a requisition letter to Mangal’s lawyer demanding that the city’s files be closed. The buyers were ready to close the transaction, but, understandably, refused to do so with the outstanding permits and two other liens still in place. Chan and Hsiao demanded a return of their deposit, but Mangal refused to agree, claiming he acted in good faith and that the deposit should be forfeited.

In July, the parties were back in court again arguing about court costs, and here is where it gets especially interesting. When the smoke clears, and assuming the winning buyers recover their costs from the seller, the buyers will receive back their deposit of $50,000, plus costs of $25,000, minus their lawyer’s bill of $70,000 , or almost nothing, unless their lawyer reduces her bill.

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