September 15th - 2016

RECO DECISION: Lot size error leads to complaint

After moving into their new property, the buyers discovered that the lot size was smaller than the measurements stated on the listing and marketing material.

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After moving into their new property, the buyers discovered that the lot size was smaller than the measurements stated on the listing and marketing material.

RECO bannerThe following decision from RECO Discipline and Appeal Hearings has been condensed. All individual and corporate names have been changed.

THE FACTS

Jackie and Mike wanted to sell their property. They were working with Mark, a salesperson with Tops Realty. Mark listed their property on the MLS® System. The lot size in the listing was stated to be 31.99 feet by 119.91 feet.

About a month later, Cindy and Bob signed an Agreement of Purchase and Sale (APS) to buy the property. Since the information about the property was obtained from the MLS® listing, the lot size in the APS was also stated to be 31.99 feet by 119.91 feet.

After purchasing the home, the buyers discovered that the lot size was smaller than described. They complained to RECO that the lot size was in fact 31.99 feet by 109.91 feet and that they were misled by the MLS® listing and the APS. The couple said they felt they had overpaid for the property. They also included their sales representative, Sally from Witt Realty, in their complaint because she did not check the dimensions of the lot.

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The buyers provided RECO with a copy of the MLS® listing from May 2006 prepared by Country Real Estate as well as a report by the Municipal Property Assessment Corporation, both of which included the correct property dimensions. Cindy and Bob also provided two MLS® listings for 2012 and one for 2013 -- all with incorrect dimensions -- prepared by Mark of Tops Realty.

Mark stated that the 2006 listing stated that the dimensions were 32 feet by 110 feet. He tried to change the numbers to be more precise, matching them with data from GeoWarehouse, a web-based property information site, which showed the dimensions to be 31.99 feet by 109.91 feet. He said that he had made a mistake when entering the numbers and that mistake continued to appear in the subsequent re-listings of the property.

THE FINDINGS

The RECO panel determined that Mark acted unprofessionally by failing to verify the correct lot dimensions of the property that he listed for sale on MLS® and in the APS. Mark’s actions also exposed his sellers to possible civil litigation for misrepresenting the property.

The panel ruled that Mark breached the following sections of the REBBA 2002 Code of Ethics: (4) Best interests; (5) Conscientious and competent service, etc.; and (38) Error, misrepresentation, fraud etc. Mark’s actions also exposed his sellers to civil litigation for misrepresenting their property.

THE PENALTY

Mark was fined $6,000, payable to RECO. The full decision can be viewed on the RECO web site at www.reco.on.ca. Look under “Complaints and Enforcement” and then under “Regulatory activities and decisions” and scroll down to “Disciplines and appeals decisions.” Scroll down and click on “Search by year.” Select 2014 then “Search.” It is the second case dated 2014/12/01.

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Ontario Real Estate Association

Jean-Adrien Delicano

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JeanAdrienD@orea.com

416-445-9910 ext. 246

Ontario Real Estate Association
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The trademarks REALTOR®, REALTORS®, and the REALTOR® logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. The trademarks MLS®, Multiple Listing Service® and the associated logos are owned by The Canadian Real Estate Association (CREA) and identify the quality of services provided by real estate professionals who are members of CREA. Used under license.

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