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(Toronto Star)   City in 2019: We'll buy your property for $780,000 to preserve that ancient oak tree in the backyard. Owner: Agreed. Two years later...Owner: F*ck you, pay me more   (thestar.com) divider line
    More: Asinine, Real estate, Ali Simaga, Oak, Sheppard Avenue, head start, city, additional money, Star columnist  
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5057 clicks; posted to Main » on 30 Jul 2021 at 4:35 PM (8 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2021-07-30 4:29:29 PM  
One local resident, Edith George, said she's appalled that the deal has yet to go through. She's lobbied for the preservation of the oak for 15 years and has lived in the area since 1960.

Edith failed to buy it in 2015.
 
2021-07-30 4:39:20 PM  
A good Crown Attrorney could have this dude in prison for some sort of criminal fraud. There is no reaon for it to go through civil court.
 
2021-07-30 4:39:23 PM  
Cliffs notes: house prices have gone up, and seller's remorse is in full effect.
 
2021-07-30 4:40:56 PM  
His argument is that house prices have gone up and the city should offer a new "fair" price.

Had house prices gone down would he have accepted a reduced price to be "fair"?
 
2021-07-30 4:41:04 PM  
On rare occasions, the red oak can live to be 500 years old! More commonly, they tend to stay healthy for about 150 years

So much for a older tree, how much would the lumber be worth?
 
2021-07-30 4:49:48 PM  
A full on house in the GTA  for under $1 million?  Weird.

/It's notth of the 401 and west of the 400, but still...
 
2021-07-30 4:50:31 PM  
Kinda curious what he paid for it in 2015.

Is this info available in Canada like it would be in the US?  I haven't been able to find it on any real estate sites.
 
2021-07-30 4:50:52 PM  
"I thought the house would be my family's place" which he now rents out...oh, and he's not fluent in English nor real estate savy...
...so it kinda looks like seller's remorse with a lot of con artistry with a little extortion thrown. Like, "be a shame if something happened to this old tree..."

So, I'm going to agree with the criminal fraud assessment, dudes a conman...
 
2021-07-30 4:52:26 PM  
If I am understanding this correctly, the contract gave the city had an entire year to raise the funds.  The city failed to do that, so the contract is no longer valid.  The property owner is not being unreasonable.
 
2021-07-30 4:56:28 PM  

WelldeadLink: One local resident, Edith George, said she's appalled that the deal has yet to go through. She's lobbied for the preservation of the oak for 15 years and has lived in the area since 1960.

Edith failed to buy it in 2015.


Edith might not have had half a million dollars to buy it.
 
2021-07-30 4:58:34 PM  
Fark user imageView Full Size
 
2021-07-30 4:58:35 PM  
Seems like both parties dropped the ball on this, and property values skyrocketted in between.
 
2021-07-30 4:58:43 PM  
Rule of Acquisition #17:  A contract is a contract is a contract, but only between Ferengi.

Only possibly superseded by Rule of Acquisition #16:  A deal is a deal.

Time to get your lobes massaged someplace else, bub.
 
2021-07-30 4:59:58 PM  
As someone who isn't fully fluent in English and has limited knowledge about real estate, Simaga said he feels like he's been taken advantage of by the city.

1.bp.blogspot.comView Full Size


But he could be absolutely right and if the city didn't meet its own funding requirements in time then ...
 
2021-07-30 5:00:33 PM  

akya: Kinda curious what he paid for it in 2015.

Is this info available in Canada like it would be in the US?  I haven't been able to find it on any real estate sites.


The sites I've found require me to attest to having a Canadian Real Estate license before showing me any info.

Are Canadian Real Estate licenses like Canadian Grilfriends?  IE I can say I have one whether I do or not?
 
2021-07-30 5:02:59 PM  
House sale contracts are pretty well developed. There's conditions that need to be met, a closing date, money changes hands through lawyers, and that's that. What this idiot did was sign an agreement and then think it was open to changes afterwards. If you're Darth Vader you can get away with that, otherwise you're farked.
 
zez
2021-07-30 5:03:06 PM  
Why would you build a house that close to an old tree?

images.thestar.comView Full Size
 
2021-07-30 5:05:23 PM  

OgreMagi: If I am understanding this correctly, the contract gave the city had an entire year to raise the funds.  The city failed to do that, so the contract is no longer valid.  The property owner is not being unreasonable.


It depends on how the language is worded. If it's written as the buyer's right to terminate based on that condition, the failure of the condition wouldn't give the seller the right to cancel anything.
 
2021-07-30 5:06:33 PM  

Russ1642: House sale contracts are pretty well developed. There's conditions that need to be met, a closing date, money changes hands through lawyers, and that's that. What this idiot did was sign an agreement and then think it was open to changes afterwards. If you're Darth Vader you can get away with that, otherwise you're farked.


It sounds like he had a shiatty contract. Which is still on him and whomever he chose to represent him. It also sounds like the city didn't hold up its end, and the shiatty contract left it ambiguous.

The fact that his lawyer bounced on him tells you it was a shiatty lawyer, or that shiatty of a client where the lawyer was willing to miss out on getting a piece of Toronto out of.

I think this is just a everyone sucks kind of thing. I can appreciate the "hey, we had a deal, you didn't follow through like you should, and now this land is worth a ton more from his side" but the "uhhh this has been stressful stuff" just screams money grab. You are selling a farking house, not sending guys to the moon.
 
2021-07-30 5:08:07 PM  

OgreMagi: If I am understanding this correctly, the contract gave the city had an entire year to raise the funds.  The city failed to do that, so the contract is no longer valid.  The property owner is not being unreasonable.


It's confusing but I don't believe the time elapsed. It sounds like the city council executed the sale to purchase the property before the time elapsed even though the funds hadn't been fully raised yet with the closing date set 6 months past that date.
 
2021-07-30 5:08:45 PM  
When I used to live in the forests up north I loved finding trees that had weird branch patterns or root structures.
Trees that make you think "wtf happened herr to make you grow like that"?
This oak has an interesting branch that seemed to like extreme turns for a tree.
Fark user imageView Full Size
 
2021-07-30 5:09:19 PM  
I knew a girl named Parkette.
 
2021-07-30 5:12:03 PM  

TotallyRealNotFake: When I used to live in the forests up north I loved finding trees that had weird branch patterns or root structures.
Trees that make you think "wtf happened herr to make you grow like that"?
This oak has an interesting branch that seemed to like extreme turns for a tree.
[Fark user image 425x561]


We have a big birch in our back yard with that. We had some tree work done a year or two ago and i was talking to the surgeon about it. Sometimes its just where the light or wind takes stuff over time. Sometimes its part of healing from someone just bending a twig accidentally, sometimes there was stuff there a long time ago nobody remembers.

We just put in a weeping cherry this year, and i've been all into how to get branches to grow where you want. Those things aren't cheap.
 
2021-07-30 5:15:21 PM  

OgreMagi: If I am understanding this correctly, the contract gave the city had an entire year to raise the funds.  The city failed to do that, so the contract is no longer valid.  The property owner is not being unreasonable.


You must have missed this part.

The city confirmed the terms of the agreement were met on Nov. 30, 2020. The closing date of the transaction was to be April 6, 2021 or another date agreed on by all parties.

The fund raising was not sufficient but the city agreed(which means they were going to cover the funds) at the year mark, but then he reneged so the total time passed has been a year and a half.

So the city met the deal, he has pushed it off and is not only asking for more money but mortgage penalties and fees.  So he is being the douchebag.

This is a better article.

https://www.cbc.ca/news/canada/toront​o​/red-oak-tree-toronto-court-1.6119248

He originally purchased the property for $520,000 in 2015, according to court documents.

This one too.

https://inf.news/en/world/daeb08f6c41​f​786ac207efcb16b9da5d.html

And the farker has been renting it out.
 
2021-07-30 5:16:16 PM  

zez: Why would you build a house that close to an old tree?

[images.thestar.com image 850x566]


That was my question too.  Obviously the tree was there before the house was.

Probably the answer was "because the city allowed them to".
 
2021-07-30 5:17:31 PM  

TotallyRealNotFake: When I used to live in the forests up north I loved finding trees that had weird branch patterns or root structures.
Trees that make you think "wtf happened herr to make you grow like that"?
This oak has an interesting branch that seemed to like extreme turns for a tree.
[Fark user image 425x561]


Random guess: There used to be a larger outbuilding there than just that tiny shed that the tree grew around.  Maybe a garage?
 
2021-07-30 5:18:26 PM  

cowsaregoodeating: OgreMagi: If I am understanding this correctly, the contract gave the city had an entire year to raise the funds.  The city failed to do that, so the contract is no longer valid.  The property owner is not being unreasonable.

It's confusing but I don't believe the time elapsed. It sounds like the city council executed the sale to purchase the property before the time elapsed even though the funds hadn't been fully raised yet with the closing date set 6 months past that date.



That is what happened, the article is written weasley.  I posted two more where the city held up his end but how the guy is now asking for more money.

He also wont let an inspector see if the tree would be a danger to the home because he says the original owners took preventions, but will not say what they were.

The city wants to tear the house down and build a park.

This guy got greedy.
 
2021-07-30 5:20:40 PM  
City needs to take this guy behind his own woodshed.
 
2021-07-30 5:21:33 PM  
Also, I fully expect this guy to cut the tree down or irreversibly damage it before handing keys over.
 
2021-07-30 5:23:04 PM  
Don't make the guy mad!!

Chainsaws are cheap and oaks like that don't grow on tre....
 
2021-07-30 5:29:37 PM  

WelldeadLink: One local resident, Edith George, said she's appalled that the deal has yet to go through. She's lobbied for the preservation of the oak for 15 years and has lived in the area since 1960.

Edith failed to buy it in 2015.


Patience.  I found her picture on Google.  She looks old enough to buy it any day now.

Fark user imageView Full Size
 
2021-07-30 5:35:30 PM  

zez: Why would you build a house that close to an old tree?

[images.thestar.com image 850x566]


Holy shait, any piece of that falls, it will damage the house which is pretty much under it.  Hell the roots of that thing might already be in the basement.
 
2021-07-30 5:43:52 PM  

WastrelWay: I knew a girl named Parkette.


bush?
 
2021-07-30 5:51:15 PM  

akya: Kinda curious what he paid for it in 2015.

Is this info available in Canada like it would be in the US?  I haven't been able to find it on any real estate sites.


Real estate transactions are public records. But you may need to go down to City Hall to look it up.
 
2021-07-30 5:54:38 PM  

WelldeadLink: One local resident, Edith George, said she's appalled that the deal has yet to go through. She's lobbied for the preservation of the oak for 15 years and has lived in the area since 1960.

Edith failed to buy it in 2015.


Edith can go fark herself. I would have that farker cut down and into decorative furniture after seeing way too many oaks and other huge ass trees come down on homes and cars the last few years.

Shiat's not as pretty when the tropical storm blows through.
 
2021-07-30 6:01:03 PM  

houstondragon: WelldeadLink: One local resident, Edith George, said she's appalled that the deal has yet to go through. She's lobbied for the preservation of the oak for 15 years and has lived in the area since 1960.

Edith failed to buy it in 2015.

Edith can go fark herself. I would have that farker cut down and into decorative furniture after seeing way too many oaks and other huge ass trees come down on homes and cars the last few years.

Shiat's not as pretty when the tropical storm blows through.


I mean yeah
Toronto having those huge tropical storm problems and all.
 
2021-07-30 6:06:49 PM  

fat boy: So much for a older tree, how much would the lumber be worth?


These days? Eleventy point Seventy Five billion dollars.
 
2021-07-30 6:09:00 PM  

fat boy: On rare occasions, the red oak can live to be 500 years old! More commonly, they tend to stay healthy for about 150 years

So much for a older tree, how much would the lumber be worth?


Most sawmills wouldn't saw it, trees in residential yards almost always have metal, mostly nails, which wrecks saw blades and stains the wood.
 
2021-07-30 6:16:13 PM  
Oak trees usually only make it to about 300 years before they fall apart due to their own weight.

That tree is more of a liability than anything.
 
2021-07-30 6:20:46 PM  

OgreMagi: If I am understanding this correctly, the contract gave the city had an entire year to raise the funds.  The city failed to do that, so the contract is no longer valid.  The property owner is not being unreasonable.


The owner may be a dick, but if you agreed to buy 10 years ago and didn't, the terms change. The city has to offer a fair price and pay it within a reasonable time frame like any other buyer.
 
2021-07-30 6:22:25 PM  

adamatari: OgreMagi: If I am understanding this correctly, the contract gave the city had an entire year to raise the funds.  The city failed to do that, so the contract is no longer valid.  The property owner is not being unreasonable.

The owner may be a dick, but if you agreed to buy 10 years ago and didn't, the terms change. The city has to offer a fair price and pay it within a reasonable time frame like any other buyer.


His only hope is to get a good lawyer and have a judge nullify the original contract.
 
2021-07-30 6:29:14 PM  

adamatari: OgreMagi: If I am understanding this correctly, the contract gave the city had an entire year to raise the funds.  The city failed to do that, so the contract is no longer valid.  The property owner is not being unreasonable.

The owner may be a dick, but if you agreed to buy 10 years ago and didn't, the terms change. The city has to offer a fair price and pay it within a reasonable time frame like any other buyer.


2 years ago. And terms were met within the timeframe agreed upon.

The city confirmed the terms of the agreement were met on Nov. 30, 2020. The closing date of the transaction was to be April 6, 2021 or another date agreed on by all parties.

As long as they agreed and met the terms, the seller is obligated to sell. That's why there are agreements and contracts. The city offered a fair price with terms to get the money over a certain period (before 11/30/20), and he agreed. And a reappraisal is not always wanted in a contract, as there's as much chance that house values go down, and a reappraisal at that time would significantly hurt the seller. Would you be okay with the city attempting to back out because the property value went down $200K and they didn't want to overpay?
 
2021-07-30 6:31:54 PM  
If this were in the us, the city would be all... "Okay. We'll declare the contract null and void." Then a few days later: "Surprise: Emminent domain motherf*cker! Here's $200k, now GTFO."
 
2021-07-30 6:39:50 PM  

WastrelWay: I knew a girl named Parkette.


I knew a girl with the last name Parker. She was one of my sister's friends, smoking hot blonde, who had six toes on each foot. She showed me.

It was a highlight of my adolescence.
 
2021-07-30 6:46:02 PM  

theflatline: cowsaregoodeating: OgreMagi: If I am understanding this correctly, the contract gave the city had an entire year to raise the funds.  The city failed to do that, so the contract is no longer valid.  The property owner is not being unreasonable.

It's confusing but I don't believe the time elapsed. It sounds like the city council executed the sale to purchase the property before the time elapsed even though the funds hadn't been fully raised yet with the closing date set 6 months past that date.


That is what happened, the article is written weasley.  I posted two more where the city held up his end but how the guy is now asking for more money.

He also wont let an inspector see if the tree would be a danger to the home because he says the original owners took preventions, but will not say what they were.

The city wants to tear the house down and build a park.

This guy got greedy.


The city got all  "nice tree you have there.."
 
2021-07-30 6:46:13 PM  

Nick Nostril: WastrelWay: I knew a girl named Parkette.

I knew a girl with the last name Parker. She was one of my sister's friends, smoking hot blonde, who had six toes on each foot. She showed me.

It was a highlight of my adolescence.


I knew a girl who showed me her camel toe.
 
2021-07-30 6:50:38 PM  
Just deport the greedy asshole, the tree's got seniority.
 
2021-07-30 7:05:59 PM  

God-is-a-Taco: Just deport the greedy asshole, the tree's got seniority.


Seriously. If he's going to be a dick about it, just eminent domain that motherfarker and take the land.
 
2021-07-30 7:17:03 PM  

WilderKWight: God-is-a-Taco: Just deport the greedy asshole, the tree's got seniority.

Seriously. If he's going to be a dick about it, just eminent domain that motherfarker and take the land.


Eminent domain requires payment of market value.
 
2021-07-30 7:20:37 PM  
Why am I reading this article thinking about the needful and having an accent in my head?
 
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