Thursday, April 26

Druet v. Girouard Update and the Kijiji Buyer

For those of you that have been following the court case I've been involved in for the past 17 months, the decision was released today by the Court of Appeal of NB.  Entering the ranks of the self-represented was not easy but through perseverance I got through it and the justice system prevailed.
You can read the full decision here:
You may recall this article on moneyville.ca, also in the Toronto Star and many other publications, after I lost at the Court of the Queen’s Bench in Moncton. 
A quick recap of how I got sued for ‘Specific Performance’ initially:
Background (taken from decision)
"The accepted facts are as follows. The respondent, Marc Girouard, was interested in purchasing a condominium unit in the same building in which Ms. Druet owned and rented a unit (#203). The unit is located in Moncton, where Mr. Girouard resides. Ms. Druet lives in Halifax. Mr. Girouard saw that a condo unit in the building was being advertised for rent on Kijiji, and, on October 22, 2010, he tracked down the owner, Ms. Druet, to discuss the possibility of purchasing it for $150,000. It was agreed they would continue negotiations by email. 
It is important to note the parties appear to have agreed on an amount, but no information whatsoever has been exchanged about the outstanding mortgage Mr. Girouard was to assume, nor had Mr. Girouard or his wife viewed the unit in question. It is also noteworthy that, after they agreed on the amount, arrangements were still being made for Mrs. Girouard to view the unit.
Approximately three hours later, Ms. Druet sent another email to Mr. Girouard in which she indicates that, after speaking with her partner who had just returned from Peru, she was not prepared to sell because of the price.
The next day, Mr. Girouard wrote to Ms. Druet informing her that he considered her to be contractually bound to sell him the condo unit. Eventually, he commenced an action against Ms. Druet, seeking specific performance or damages for breach of contract."
As a Real Estate Agent and DIY blogger who frequently purchases items on Kijiji I find this piece about buying goods sight unseen interesting, as said in the decision:
“People who agree to buy and sell goods on Kijiji do not normally expect to be bound until they have the opportunity to inspect the goods, even though they may have agreed to the essential terms. The general understanding is that the first person to make it to the door with cash in hand is the buyer. People who buy goods on eBay know well the risks of buying without an inspection, but are provided with ways of evaluating the trustworthiness of the vendor before pushing the enter key to confirm a bid or to exercise the “Buy it Now” option. Frankly, there is more legal formality surrounding the millions of transactions that occur daily on eBay than what occurred in the present case. Parties to a real estate transaction who are strangers usually fix a closing date, obtain a deposit and, most importantly, sign a formal purchase and sale agreement. “
So yeah,  I won! I won! I WON!!!!!!!!!!!
Thanks for reading,
Kelty
@keltydruet

2 comments:

  1. Congratulations Kelty! My faith in our justice system has been restored.

    As for you Mr.Girouard, you are a classic case bully and should be ashamed of yourself. This is just the beginning of bad karma coming your way, I hope you turn a new leaf and begin to treat people the way you would expect to be treated.

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  2. As a blogger who writes about Kijiji pitfalls and problems, I'm going to have to bookmark this and come back to it for more scrutiny .. always on the looking for good advice, especially when it comes to my pet topic. Thanks for publishing this, and I'll be back soon to look more at the decision.

    ReplyDelete

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