What happens when a buyer backs out of a real estate deal? + MORE Sep 2nd

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When it comes to backing out of a real estate deal, the law doesn’t tend to side with the dealbreaker, says Ron Butler, a veteran mortgage broker and one of the founders of Butler Mortgage in Toronto. If you’re the buyer, “You should find a way to complete the sale—beg, borrow, do whatever you need to do—but close, because the case law overwhelmingly favours the seller,” he says, adding that the courts aren’t usually sympathetic towards the dealbreaker, no matter their reasons or motivations.

Julia Sebastian discovered this the hard way. She entered an agreement of purchase and sale for a $995,000 home on Glasshill Grove in the Erin Mills neighbourhood of Mississauga, Ont in May 2017. She seemed particularly eager. Not only did she offer $45,100 above asking, but she also waived the two conditions of adequate financing and a home inspection—a move intended to make her offer as attractive as possible.  

Before the deal could close, the property was appraised for only $920,000, and as a result, Sebastian’s financing was denied…

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In its third-quarter earnings call, the Bank of Montreal said rising interest rates will have the greatest impact on mortgage borrowers at renewal time.

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