DonLever Posted October 8, 2019 Share Posted October 8, 2019 https://www.cbc.ca/news/canada/british-columbia/a-cautionary-tale-legal-battle-erupts-over-alleged-20k-typo-in-new-west-condo-sale-1.5312540 An alleged $20,000 typo has sparked a bitter legal battle over the sale of a New Westminster, B.C., condo. The fight is between Chris Dupuis — a prominent notary public who oversaw the sale — and his former clients, Colleen and Michael Kendall, who hired him to do the conveyance or property transfer. A lawsuit by Dupuis and a counterclaim by the Kendalls revolve around an alleged mistake in the final price of the condo — a self-confessed "clerical error" by Dupuis, a director of the Society of Notaries Public of B.C. The amount paid by the buyer was purportedly recorded at $664,000, when the real sale price was $644,000 — $20,000 less. In a civil claim filed in B.C. Supreme court, Dupuis alleges the higher price was paid out of his trust account to the Kendalls before he realized the error, giving his clients $20,000 more than he received from the buyer. Dupuis claims when he told the Kendalls about the overpayment, they "refused or neglected to return the money." He's suing the Kendalls for the $20,000 and asking the courts to give him a "beneficial interest" in the new home they went on to purchase in Campbell River. The Kendalls have filed a counterclaim against Dupuis, alleging they never refused to pay — but didn't receive an adequate explanation of the "alleged error" and were concerned about "simply paying $20,000 … without any questions asked." In turn, they're suing their former notary for negligence, breach of contract and breach of fiduciary duties — the legal obligation to act in their best interest. They're also seeking damages for mental distress. Legal trouble timeline The trouble began not long after the sale of the Kendall's New West condo was completed May 15. On June 28, Dupuis alleges his staff advised the Kendalls of the $20,000 overpayment "and requested the return of the funds as soon as possible." By July 3, he claims he sent a letter "clearly and fully explaining the typographical error," and "provided supporting documentation." But on July 6, Dupuis alleges the Kendalls advised him they had retained a lawyer, then fell silent. On July 29, one month after the couple were first informed of the overpayment, the notary commenced legal action. The Kendalls countersued on Sept. 4, claiming they were unable to respond prior to Dupuis starting court action because of a death in the family. 1 Quote Link to comment Share on other sites More sharing options...
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