Real Estate

Ontario - Realtor misrepresented the parking space

  • Last Updated:
  • May 17th, 2019 10:13 am
[OP]
Newbie
Jan 11, 2017
47 posts
2 upvotes

Ontario - Realtor misrepresented the parking space

Hi Everyone,

I wanted to know if this is called misrepresentation and if the realtor can be sued ?

I recently bought a house in Brampton, Ontario. The MLS listing is given to me and what Realtor told me was - this property has 3 parking spaces. One garage and 2 driveway - Total 3, its mentioned in MLS listing attached with the Agreement.

But later when I called the City of Brampton, they said I have just 1 parking space on driveway, rest belongs to City. This parking space has caused me a serious issue. I wanted to build a Legal rentable basement and one requirement for that is to have at least 3 parking spaces in total.
This was the first response given to me by City of Brampton when I called them and enquired them about making a Legal Second Unit and they said NO, you can't.

What are my options here ?

Please suggest
24 replies
Jr. Member
Oct 21, 2013
110 posts
26 upvotes
Brampton, ON
most likely - realtor passed on the information that was presented to him in the MLS listing. You might have a case against the seller who misrepresented the facts to you and the proof of that is the MLS listing. but I don't think its your realtor's fault. They input what seller tells them about their house.

So, unless realtor knew that this is city's parking and still lied to you, there is no case against him. There could be a case against seller though.

another thing:

ask your lawyer, who did the title search. Is there anything registered on the title for those parking spots ? If it is, lawyer should have told you about it.
Last edited by DealsFreak on May 16th, 2019 12:41 pm, edited 1 time in total.
Newbie
Apr 25, 2019
27 posts
1 upvote
BeamerDreamer2000 wrote:
May 16th, 2019 12:15 pm
Hi Everyone,

I wanted to know if this is called misrepresentation and if the realtor can be sued ?

I recently bought a house in Brampton, Ontario. The MLS listing is given to me and what Realtor told me was - this property has 3 parking spaces. One garage and 2 driveway - Total 3, its mentioned in MLS listing attached with the Agreement.

But later when I called the City of Brampton, they said I have just 1 parking space on driveway, rest belongs to City. This parking space has caused me a serious issue. I wanted to build a Legal rentable basement and one requirement for that is to have at least 3 parking spaces in total.
This was the first response given to me by City of Brampton when I called them and enquired them about making a Legal Second Unit and they said NO, you can't.

What are my options here ?

Please suggest
Is this a townhouse, semi or detached?
My understanding was that you can make a second unit in semi and detached in brampton.
[OP]
Newbie
Jan 11, 2017
47 posts
2 upvotes
dentonic88 wrote:
May 16th, 2019 12:40 pm
Is this a townhouse, semi or detached?
My understanding was that you can make a second unit in semi and detached in brampton.
As per City, You can have a Legal Apartment in Townhouse/Semi or Detached. But again needs to be checked with them. You can just give a call before buying and they would tell you straight away if that location is ok or not. I missed this part.
[OP]
Newbie
Jan 11, 2017
47 posts
2 upvotes
DealsFreak wrote:
May 16th, 2019 12:39 pm
most likely - realtor passed on the information that was presented to him in the MLS listing. You might have a case against the seller who misrepresented the facts to you and the proof of that is the MLS listing. but I don't think its your realtor's fault. They input what seller tells them about their house.

So, unless realtor knew that this is city's parking and still lied to you, there is no case against him. There could be a case against seller though.

another thing:

ask your lawyer, who did the title search. Is there anything registered on the title for those parking spots ? If it is, lawyer should have told you about it.
My Lawyer didnt tell me anything about the Parking space, I didnt ask as well. May be it doesnt matter to them to tell or it wasnt important for them - not sure.
Jr. Member
Oct 21, 2013
110 posts
26 upvotes
Brampton, ON
BeamerDreamer2000 wrote:
May 16th, 2019 1:26 pm
My Lawyer didnt tell me anything about the Parking space, I didnt ask as well. May be it doesnt matter to them to tell or it wasnt important for them - not sure.
Ask him now. they attach a letter to your closing docs about title too. check there. You could also go to your title insurance company to check if they will cover the damages you have incurred. Definitely seek legal help.

I have never heard of city having parking privileges on one's property. If there is, there could be a minor easement or restrictive covenant registered on the title. If thats the case and it was being complied with when you bought the house, then also you won't have a case.

For example, if property is a single residence and cannot be converted to a duplex due to zoning restriction, then after buying the property, you cannot argue that you were not told about it. the seller complied with the restriction and didn't covert the property to a duplex. So they cannot gurantee future use.
Newbie
User avatar
Feb 19, 2019
58 posts
38 upvotes
Stouffville ON
BeamerDreamer2000 wrote:
May 16th, 2019 12:15 pm

Hi Everyone,


I wanted to know if this is called misrepresentation and if the realtor can be sued ?



I recently bought a house in Brampton, Ontario. The MLS listing is given to me and what Realtor told me was - this property has 3 parking spaces. One garage and 2 driveway - Total 3, its mentioned in MLS listing attached with the Agreement.


But later when I called the City of Brampton, they said I have just 1 parking space on driveway, rest belongs to City. This parking space has caused me a serious issue. I wanted to build a Legal rentable basement and one requirement for that is to have at least 3 parking spaces in total.

This was the first response given to me by City of Brampton when I called them and enquired them about making a Legal Second Unit and they said NO, you can't.



What are my options here ?



Please suggest

Have you communicated to your agent that the basement rental is one of your most important factors when selecting the property?

If I were representing you I would have called the city to check and confirm the rental basement is possible before the offer was made, and/or would have included it as one of the conditions of the agreement.
Full Service / Rebate Realtor.
Sr. Member
May 9, 2017
957 posts
955 upvotes
BeamerDreamer2000 wrote:
May 16th, 2019 12:15 pm
Hi Everyone,

I wanted to know if this is called misrepresentation and if the realtor can be sued ?

I recently bought a house in Brampton, Ontario. The MLS listing is given to me and what Realtor told me was - this property has 3 parking spaces. One garage and 2 driveway - Total 3, its mentioned in MLS listing attached with the Agreement.

But later when I called the City of Brampton, they said I have just 1 parking space on driveway, rest belongs to City. This parking space has caused me a serious issue. I wanted to build a Legal rentable basement and one requirement for that is to have at least 3 parking spaces in total.
This was the first response given to me by City of Brampton when I called them and enquired them about making a Legal Second Unit and they said NO, you can't.

What are my options here ?

Please suggest
What's going to happen if you park in that spot. Does the city use it?


Do you have a picture? Sounds strange
Newbie
Apr 18, 2009
21 posts
7 upvotes
Does sound strange.

Sometimes listings state that there is room to park so and so amount of cars, but its never taken as a legal thing as per city rules. People park on the blvd portion of the driveway past the side walk all the time without issues..eventhough its not technically a parking spot.

Sounds thats the type of situation you might be in.
Member
Aug 16, 2011
292 posts
158 upvotes
OTTAWA
So what are you going to do about it? You can still park 3 cars... its probably 2 of the spots are on the other side of sidewalk... no one's going to be towing your car away.
Deal Fanatic
User avatar
Mar 23, 2008
8709 posts
5240 upvotes
Edmonton
Jeremyl007 wrote:
May 16th, 2019 3:12 pm
So what are you going to do about it? You can still park 3 cars... its probably 2 of the spots are on the other side of sidewalk... no one's going to be towing your car away.
The problem is the OP can't put in a legal basement suite because of the parking limitation. Doesn't matter if those spots are never used.

C
Deal Addict
User avatar
Mar 3, 2011
1682 posts
4876 upvotes
Without pictures of the actual space, it's hard to tell.

Parking on the boulevard is legal in Brampton as long as your car doesn't overhang over the grass or have the wheels on the grass, this can will cause issues and get you a ticket.
Deal Fanatic
Oct 7, 2010
8409 posts
929 upvotes
markopas wrote:
May 16th, 2019 4:36 pm
Without pictures of the actual space, it's hard to tell.

Parking on the boulevard is legal in Brampton as long as your car doesn't overhang over the grass or have the wheels on the grass, this can will cause issues and get you a ticket.
OP posts a Google map showing the space or we can not comment. Parking on top of side walk is a huge no no. Tenant will be mad getting ticketed.
Deal Addict
User avatar
Mar 3, 2011
1682 posts
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spike1128 wrote:
May 16th, 2019 5:00 pm
OP posts a Google map showing the space or we can not comment. Parking on top of side walk is a huge no no. Tenant will be mad getting ticketed.
I personally wasn't talking about parking over the sidewalk, that's a definite infraction. I was referring to parking horizontally with the boulevard.

@OP Take a picture of the house and your parking area minus the house number and post it up - if you have parking spaces that are tandem and share the parking on the boulevard with your neighbour then you are SOL because I will guarantee that your neighbour will have you issue parking horizontally as that may interfere with them getting in and out.

Also, you did a home visit before buying the house, did you not even look at the parking situation before you bought the house?
Deal Fanatic
User avatar
Dec 27, 2009
6474 posts
3648 upvotes
Ottawa, ON
Jeremyl007 wrote:
May 16th, 2019 3:12 pm
So what are you going to do about it? You can still park 3 cars... its probably 2 of the spots are on the other side of sidewalk... no one's going to be towing your car away.
He can't get permission to make a legal basement apartment (which is his goal) without 3 legal parking spaces. Nothing to do with whether or not he can actually park 3 cars in the spot.

OP - you should have done your own due diligence if this was your plan. How would a real estate lawyer know you wanted to do this (unless you specified)?

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