Real Estate

Bought land which was sold - Any advice?

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  • Jul 27th, 2020 2:51 pm
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[OP]
Newbie
Jan 15, 2019
20 posts
5 upvotes

Bought land which was sold - Any advice?

Hi All, Need some advice before proceeding with a lawyer. Long story short...

I bought 2 acres in Gravenhurst which was supposed to be "severed" from a larger 110 acre parcel. However, the owner of the land strung me along and ended up selling the whole property before starting the land severence process. The 2 acres was never severed and I did not get a deed to the property. We did fill and sign an Agreement of Purchase from the OREA on January 2018. The owner of the property has failed to return my money and has discontinued to communicate with me. No, I did not use a Real Estate lawyer for this process and I have learned my lesson. I'm wondering if anyone here has been in this situation before and if it would be worth pursuing a lawyer. The property is located just outside of Gravenhurst near a small abondoned village called Lewisham and I paid $10,850 for 2 acres.

I couple of questions: Do I legally have rights to 2 acres of this property even though I don't have a deed and the property has been sold? Would the cost to hire a lawyer be worth pursuing?

Thanks in advance for your advice. Have a great day!
40 replies
Sr. Member
Oct 13, 2011
766 posts
502 upvotes
shelby78 wrote: Hi All, Need some advice before proceeding with a lawyer. Long story short...

I bought 2 acres in Gravenhurst which was supposed to be "severed" from a larger 110 acre parcel. However, the owner of the land strung me along and ended up selling the whole property before starting the land severence process. The 2 acres was never severed and I did not get a deed to the property. We did fill and sign an Agreement of Purchase from the OREA on January 2018. The owner of the property has failed to return my money and has discontinued to communicate with me. No, I did not use a Real Estate lawyer for this process and I have learned my lesson. I'm wondering if anyone here has been in this situation before and if it would be worth pursuing a lawyer. The property is located just outside of Gravenhurst near a small abondoned village called Lewisham and I paid $10,850 for 2 acres.

I couple of questions: Do I legally have rights to 2 acres of this property even though I don't have a deed and the property has been sold? Would the cost to hire a lawyer be worth pursuing?

Thanks in advance for your advice. Have a great day!
I wonder if you can report it to the police because it sounds like the seller committed fraud.
[OP]
Newbie
Jan 15, 2019
20 posts
5 upvotes
Yes I did report it to the OPP detachment in my area September of 2019. I've been in touch with them since then and they keep pushing it aside telling me it's a civil matter. Yes I agree, this was pretty much fraud.
Banned
User avatar
Feb 12, 2019
69 posts
67 upvotes
Sorry I'm not qualified to give advice on this. Just wondering, did you pay the full $10,850 or a deposit?

If you really wanted to find the guy, maybe hire a private dick.

Watch the movie Mean Streets, learn from the ending.
Deal Addict
May 9, 2017
1224 posts
1309 upvotes
I highly doubt you have a right to the property if it was sold to someone else already.

Do you know the person? Do you know where they moved? Are you sure the person actually owned the property? Did you pay cash?
[OP]
Newbie
Jan 15, 2019
20 posts
5 upvotes
TheMeat wrote: Sorry I'm not qualified to give advice on this. Just wondering, did you pay the full $10,850 or a deposit?

If you really wanted to find the guy, maybe hire a private dick.

Watch the movie Mean Streets, learn from the ending.
I paid the full amount via EFT. I know the guy and I know where he lives, he's within 30 mins of me. I'll check out Mean Streets in the meantime..thanks!
[OP]
Newbie
Jan 15, 2019
20 posts
5 upvotes
NotRobot wrote: I highly doubt you have a right to the property if it was sold to someone else already.

Do you know the person? Do you know where they moved? Are you sure the person actually owned the property? Did you pay cash?
I'm not sure either, but I'm going to find out for sure Monday when I talk to a RE lawyer.

I know the guy, we we'rent friends, but practically neighbors. I know where he lives and yes he did own the property. I paid cash in full via EFT.
Member
Jan 27, 2018
203 posts
198 upvotes
Lawyer, nobody here unless a lawyer is qualified to give you any answers.
[OP]
Newbie
Jan 15, 2019
20 posts
5 upvotes
deepzerg wrote: Lawyer, nobody here unless a lawyer is qualified to give you any answers.
I wasn't necessarily looking for answers, just some advice from someone who's had a similar experience.
Banned
User avatar
Feb 12, 2019
69 posts
67 upvotes
The lawyer route could take a lot longer, compare to say a collector, though in this case you'd lose certain amount.
Sr. Member
Dec 28, 2010
879 posts
385 upvotes
Toronto
Sorry to hear about the ordeal. In such things, it might be better use of time and funds to shame the fraudster. Put up a sign near his house with the EFT proof and a huge arrow -> pointing to where the fraudster lives. Let him go to court and OPP and then perhaps they will look up the actual case much closer and not give you a runaround.
Shameful of people who do something like that and still carry on with their lives, living right in your neighbourhood.
Deal Guru
Jun 26, 2011
14881 posts
5009 upvotes
GTA
Just curious what made you choose that area OP?

Sorry for your luck
Deal Addict
Jun 13, 2009
1068 posts
825 upvotes
Toronto
For $10k, you can take him to small claims court. You have a signed agreement, and proof of payment so I am guessing you have a very good chance of winning. I don't think you would need to hire a lawyer to represent you, though it would not hurt to speak to one for an hour to help map out what you need to do.
Deal Addict
Nov 24, 2013
2284 posts
1621 upvotes
GTA
Does OP have lawyer reviewed contract for the deal? Or even a non-lawyer reviwed contract? And proof of payment?
Sr. Member
Oct 22, 2016
893 posts
802 upvotes
Comox Valley
Take them to court. If they want to play that game, they can tell a judge their reasons.
Member
Jun 6, 2014
300 posts
129 upvotes
Toronto, ON
You paid for the land 2 years ago, and now you're considering contacting a lawyer? What was the agreed upon closing date for the transaction?
Member
Dec 12, 2011
203 posts
224 upvotes
Toronto
Damn $10k, no lawyers, 2 years ago?!? You should've already sought legal advice in 2018 or at the very least made this post back then. Speak to a lawyer or a paralegal. Not sure if $10k is the max, I have read $25k before and I believe its increased to $35k.
[OP]
Newbie
Jan 15, 2019
20 posts
5 upvotes
TheMeat wrote: The lawyer route could take a lot longer, compare to say a collector, though in this case you'd lose certain amount.
Yes I've considered collections also, either way I'll be out some money.
[OP]
Newbie
Jan 15, 2019
20 posts
5 upvotes
Karma2000 wrote: Sorry to hear about the ordeal. In such things, it might be better use of time and funds to shame the fraudster. Put up a sign near his house with the EFT proof and a huge arrow -> pointing to where the fraudster lives. Let him go to court and OPP and then perhaps they will look up the actual case much closer and not give you a runaround.
Shameful of people who do something like that and still carry on with their lives, living right in your neighbourhood.
Trust me, shaming him has crossed my mind considering the fact that I believe I'm not the only one he's swindled in this deal. However, that can get messy and I have a family at home to protect - might not be the smartest route to take. OPP knows about this guy, they're just putting this on the backburner. In order to take him to court, I believe it has to be within the 2 years statuate of limitations period from what I've read - I might be SOL in that regard. Yeah, this guy is a real idiot.

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