IG news Update,
The owner of one half of a Vancouver duplex, who is being sued by the owners of the other half of the property, denies claims that he failed a $1.8 million real estate sale after a “toxic” dispute over common property. put an end to
Late last year, Maria and Panagiotis Pappas, who own 3257 West 2nd Ave. filed a lawsuit against their neighbors, Jordan Mark Bower and Maureen Culver Elworthy, who own the other half of the duplex at 3255 West 2nd Ave.
The plaintiffs stated that they were living with their neighbors for more than a year till January 2021 without any discussion on legal or property issues.
A dispute arose when Bower and Elworthy proposed what the plaintiffs were calling a “complete” reconfiguration of all common property space in the exterior areas of the ground floor of the house.
Plaintiffs state that they consider the offers to be entirely one-sided and to the detriment of Defendants.
As a result, the plaintiffs say, they offered to sell their property and allow Bower and Elworthy to negotiate with the new owners as to any changes to the common property.
He says that after selling his house, he received an offer on October 8 for $1.85 million.
Plaintiffs’ lawsuit says that the offer was partially contingent on buyers receiving confirmation from defendants that a civil resolution tribunal case filed against plaintiffs would be, or had already been, closed.
Plaintiffs allege that Bower & Elworthy displayed a “confrontational” attitude with the buyers, and as a result, the sale fell through.
But in response to the lawsuit, defendants say the proceedings pertain to what they regard as unauthorized use of common property in violation of the plaintiff corporation’s bylaws.
The two properties are collectively a tiered corporation, although the corporation has never followed tiered laws and has never held annual general meetings. According to the plaintiffs’ lawsuit, there are no budget or council meetings.
In their response, Bower and Elworthy said the first discussion of the property’s issues occurred in April 2019 when they tried to inspect the home.
They state that they attempted to negotiate with the Plaintiff to find an amicable solution to the issues, but ultimately failed and consequently initiated proceedings in the Civil Settlement Tribunal.
Bower and Elworthy deny that the plaintiffs were selling their home to get away from them and instead sell it for financial reasons.
They deny that they were inappropriate or confrontational with the potential buyer, or that they caused the offer to be withdrawn or the contract to be terminated.
“At no time did Defendants seek to terminate the contract. At all material times, Defendants negotiated with Prospective Buyer in good faith and communicated with Prospective Buyer only because Plaintiffs (through their Realtor) had asked them to was requested.
The defendants contend that it was their desire that the contract between the prospective purchaser and the plaintiff be fulfilled.
“In pursuance of that desire, the defendants spent several hours communicating with the prospective buyer and obtained legal advice to assist in reaching a settlement so as to address the breach of byelaws and the (civil tribunal’s) claim can be taken back.”
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