Thank you so much for selling us a property that wasn't even for sale. We bought a house worse that the one you first showed us. Thank you so much for your professional help to put us in debt. This here is the answer from your insurance company: Clearly we have very different views about this matter. Even assuming liability exposure (which is denied), the damages are not in the range of your clients’ offer below. According to your clients’ own “expert” value opinion, your clients paid fair market value for the property they actually received. If your clients say they would not have purchased the property but for the alleged misrepresentation, then they can mitigate their damages by selling the property and will suffer no monetary loss. As you know, mitigation is a valid principle of law, and your clients have an obligation to mitigate their damages. We view this as properly a small claim matter. If your clients are not prepared to accept a settlement within the small claims limit then no settlement of this dispute can be achieved. I will tell you with 100% certainty that in the event a QB action is commenced against my insureds a) I will refer this matter to MLT Aikins as defence counsel, b) if your clients are not willing to settle this matter within the small claims limit this matter is going to trial, and c) we will be issuing the third party claim as discussed earlier. I can imagine that your clients were very disappointed/mad when they learned that the Quonset shed was not on their land, I would be too if I were in their situation. However, their claim comes with significant risks that they will not be successful on either liability or damages. If we can successfully convince a judge on either of these 2 points, then your clients will end up paying our legal costs at the end of a trial, which will take place 3 years from now, after your clients end up paying thousands or tens of thousands of dollars for their own lawyer to prosecute the claim. Obviously the decision is up to them. If they are interested in settling within the small claims limit please let me know, I am prepared to have those discussions. If your clients commence an action in QB, although I cannot accept service (the insurer requires that originating pleadings be personally served) I will be able to have defence counsel properly retained more promptly. Yours truly, Centra Claims Management Inc.

2.67
4
3
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1
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NO
Buying
Successful
NO
House / Single-Family
Winnipeg, MB
Jan 2021
May 28, 2022 21:24

Jurgen