The purchase of a $1.7 million home in Westmount, Montreal has been annulled over a parking space dispute following a Superior Court ruling. The Montreal Gazette reports that Nicole Senécal and Roger Southin bought the home believing that a second parking space was part of the deal and discovered on the day of signing that it was not, it was actually public land where parking was not authorized.
Real estate agents Jackie Boulay and Marie-Yvonne Paint of Royal LePage Heritage denied saying that the space behind the property was part of the deal. However Judge Elise Poisson said that Paint’s listing showed an outside space and this “is an essential element of a contract to sell a property.”
The judge said that the additional parking was part of the decision process in making the purchase and that although it may have been the result of a mistake the agents were responsible for confirming the accuracy of the listing.
The couple were awarded almost $24,000 in costs and moving expenses in addition to the full purchase price.
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