$3K dispute the result of a 'unilateral mistake' by buyer of $1.5M home, B.C. tribunal rules

B.C.'s small claims tribunal has ruled against a man who claimed his real estate agent had agreed to pay him $3,000 if he purchased a property.

B.C.'s small claims tribunal has ruled against a man who claimed his real estate agent had agreed to pay him $3,000 if he purchased a property.

The decision from B.C. Civil Resolution Tribunal member Peter Mennie was issued and posted online Monday.

The case dealt with Shailesh Patel's claim against his Realtor Gaurav Maini, which Mennie summarizes in his decision as follows:

"Mr. Patel says Mr. Maini promised to pay him $3,000 if he purchased a property. Mr. Patel says he purchased the property, however Mr. Maini has not paid him $3,000. Mr. Maini says he never offered to pay Mr. Patel $3,000. Mr. Maini says that this was a misunderstanding and the $3,000 payment was actually an offer by the property’s seller to reduce the price of the property."

The decision does not say where in B.C. the property is located, but it notes that Patel took possession of the home in late April 2022.

Leading up to the purchase, Patel made an offer on the property – through Maini – that was subject to an inspection. When the inspection revealed "many issues requiring repairs," Patel and Maini sought a reduction in price from the seller.

The dispute between the parties arose from this effort. Patel told the tribunal he was unsatisfied with the seller's offer of a $3,000 reduction, and that Maini called him to offer him a $3,000 payment if he accepted the seller's reduced offer. He submitted a text message he sent to Maini as evidence of his position that a $3,000 reduction was unacceptable to him.