Agreement - The Offending Clause

I just had a deja vu moment.
Mandatory direct deposit! During
the 2002 contract negotiations,
CAW agreed to the mandatory direct
deposit of employee wages for all
Ford employees. This agreement lead
to my filing a Duty of Fair
Representation complaint against
CAW with the Ontario Labour Relations
Board. Ford was withholding my pay
until I signed the authorization form
for direct deposit. I refused. To make
a long story short, some how Ford
managed to obtain my bank account
information and today my pay is directly
deposited into my bank account.


If Ford could get my bank account information
without my authorization for direct deposit,
then I do believe that the Deed to my home
could be transferred to another owner without
my authorization.

The offending clause reads in part as follows:

"The Seller acknowledges and agrees that the
Buyer shall have the right at any time up to
Closing to direct that on completion title to
the Property shall be taken in the name of
another entity..."

In my first letter to the Buckingham agent,
copied to EWCC lawyers, I asked if the
word "completion" in the clause means
completion of the transaction. He responded
that "yes" it means completion of the
transaction and directed me to the definition
of closing indicated in the Agreement. I had
already done that before writing the letter.

In my second letter, I asked for further
clarification. There's been no response and
I do not expect one will be forthcoming.
I wrote in part as follows:

"Could you determine from EWCC's lawyers,
whether the Buyer shall have the right at
any time up to the Closing date to direct
on completion, that ownership (Deed) be
transferred to another entity?"


Some time ago, I received a registered
letter from EWCC. And I remember being
taken aback when I went to sign my
signature on the caller I.D. type
screen thingmajig, (No more signing a
sheet attached to a clip board) and saw my
signature looking back at me under the screen.
I thought, "Holy shit! How did they get my
signature?."

At the recent meeting I had with the
Buckingham agent,he told me that "We don't
have to buy your property" I wonder now if
it's because "we" were told they could take
it without my authorization, just like my
banking information for direct deposit.

I'm removing the clause. Though, it
won't make much difference if there
is an intention to transfer ownership
illegally and screw me out funds for
my property. If they already own the
property before the Closing date,
you really don't think they will
pay for property they already own,
do you?

Who do you think the "another entity" is?

The Power of Reversal - The Objective
http://homesellersbeware.blogspot.com/2007/09/power-of-reversal-objective.html

The Closing Date, the Transfer of Ownership & Reversal

I faxed a letter to the Buckingham
agent and copied to EWCC's lawyers
asking for clarification on a clause
in the Agreement that appeared
contradictory and convoluted. The
Buckingham agent called the first
thing in the morning (and faxed) in
response to my letter.

After speaking briefly with the agent,
I read the clause again. You know when
you know something is out of sorts but
you can't quite put your finger on it?
I read the clause several more times and
then it hit me what it was that was
bothering me about the clause. I faxed
another letter to the agent and copied to
EWCC lawyers, requesting further clarification
of the clause. Hopefully I'll get a
response soon.


I read the book titled, Lawyers Gone Bad:
Money,Sex and Madness in Canada's Legal
Profession by Philip Slayton, after reading
Maclean's cover story titled, Lawyers Are
Rats, in its August 6th, 2007 issue. After
sending the second letter, the book and
article came to mind, "I hope that out of
90,000 lawyers in Canada, that I am not
unlucky enough to be dealing with rats!"


A couple interesting excerpts from the
Maclean article, Lawyers are Rats: A top
legal scholar and ex-Bay Street partner
exposes the corruption of his profession

" lawyers are taught to manipulate the
rules in favour of their clients. If
you're a manipulator of rules, then you
can't respect the rules as such or believe
that they incorporate important values."


"Arrogance is part of it. If you're taught
how to manipulate rules, you lose respect
for them, and that leads to a a kind of
arrogance; I'm bigger than the rules, I'm
not the average man on the street who needs
to be law-abiding because I know how to get
around the rules. And there may be just a
touch of the more common form of arrogance,
too, which is "I'm smarter than they
are, they'll never catch me."


Macleans interview with Philip Slayton

http://www.macleans.ca/article.jsp?content=20070727_161043_8468

Buy the book, Lawyers Gone Bad by Philip Slayton
at Amaazon.com or Chapters.indigo.ca

EWCC's Buckingham Agent

Well I had the meeting with the agent
today. Much of what I had an issue
with has been removed due to the
conditions being removed, though
there is still one clause that I am
not certain about and a word that
has me nervous as to whether I actually
receive funds on Closing. I'm going to
have to get an expert (Lawyer)take a
look at it.

The dollar amount is the same. No
surprise there. I told the agent,
that I know my next door neigbour
got more. He said, " You don't
know that." I said, "I do know that."
He said, "They didn't tell you. If
they did they breached the agreement."
I insisted that I knew that they got
more.

You want to how I know my next
door got a better deal? Because the
Buckingham agent said, "You got more
than everyone else."The words, "everyone
else" got my attention because there
is only myself and my next door neigbour.
And there is no way I got a better offer
than the home owner next to my next door
neighbour. He was referring to "everyone
else" on the side street, Cadillac Street,
not Riverside Drive East. Thus, my
conclusion that my next door neighbor got
a better deal. Their appraisal and
negotiations were based on their
legal address, Riverside Drive East.


Click on picture to enlarge, so you can
see "everybody else."

Riverside Drive East Nice Area to Live

When I purchased my home in 1999, I
thought like many, that sooner or
later Ford's Casting plant, known
as the foundry, would close and my
riverfront property would benefit
from the closure. With the foundry
closed, finally a park would materialize
across the street and maybe the marina
I was told and advertised as a selling
feature would materialize too.

Well the foundry closed in July of
this year and the park and marina
etc. will likely come to be. But just
when I thought I was going to enjoy
the fruits of my investment, the
cogeneration plant drops out of the
sky ruins the dream and truncates
my investment. Now what? I guess
I'll have to see whether I'm offered
side street money for my loss.


Take a look at Remax Preferred Realty
Market Trends Report 2006. Windsor
begins at the bottom of page 6. Note
that the report lists Riverside Drive
as a prestige area.

Click on picture to enlarge.

http://72.14.205.104/search?q=cache:_wp57XywBEEJ:www.remax-oa.com/MarketReports_PDF/Jun06-UpperEndTrends/Jun06_UpperEnd_RPT.pdf+remax+preferred+realty+riverside+drive+prestige&hl=en&ct=clnk&cd=1

EWCC Ready to Rock! ll

If you haven't had the opportunity to
read my post, ''The Power of Reversal -
The Objective", and " East Windsor
Cogeneration LP - Half a House?", please
do. It will assist you in understanding
my present musing.

My semi is a corner lot. My address is
Riverside Drive East, which means my
property is on Riverside Drive East.
How successful do you think negotiations
will be if my property in the 'mind' of the
other party is reversed so that my property
is considererd on the side street as oppose
to its legal address of Riverside Drive East?

I'm not saying that will happen, but could.
If it does, it will be a hinderance to obtaining
a settlement. Why? Because we wouldn't
be on the same page or rather same street.
While I would negotiate based on the legal
address, (the legal location of my property)
the reverse doesn't exist.

Now that I think of it, reversing in your mind
the location of my home from its legal location,
Riverside Drive East, to the side street would
leave you with half a house. What do you think?


Click on picture to enlarge. Don't
forget to check out yesterday's post
of the same title.

http://homesellersbeware.blogspot.com/2007/09/power-of-reversal-objective.html

http://homesellersbeware.blogspot.com/2007/09/east-windsor-cogeneration-lp-half-house.html

EWCC Ready to Rock!

On Wednesday, October 10, 2007,
I got a call from EWCC's Buckingham
Realty agent. He informed me that all
conditions have been removed (waived)
and EWCC is still prepared to negotiate,
although he said I didn't have to. I told
him that I was willing to negotiate.

He also indicated that the construction
start date is Monday, October 22, 2007
and piling will begin in November. He
said I would receive a registered letter
shortly indicating as much. I received
the letter today. He said he would give
me a call in a couple days to set up time
for us to meet.

The agent called today, He told me that
some of the properties are closing within
10 days. Once possession is taken the homes
will be demolished. He said the company hired
to do the demolition is Aecon Construction
(Aecon Group Inc.).

I asked him what is piling ? He said that
piling is where steel beams are rammed
into the ground. It's done to ensure that
the foundation can carry the load of the
building. A little research on the net
confirmed his explanation. It's what the
construction industry refers to as
'deep foundation'. See link below for
more information on 'piling.'

I asked the agent if EWCC has bought
the church (Our Lady of the Rosary)
next door to me. He said they haven't.
He said that EWCC will be using some
of the church space for office space.
Apparently EWCC has a two year
lease with the church for that purpose.

He said he needs to run the agreement
by the lawyers to get a "consensus".
He noted the items of contention and
would see if they could be removed,
so we get on with the "meat and potatoes"
of the agreement. He said he would contact
me tomorrow (meaning today), or early
next week depending on the lawyers
(referring to EWCC's lawyers).

October 22nd is just around the corner.
I guess we'll have to wait and see what
happens.

Click on picture to enlarge.

Deep Foundation - Piling
http://en.wikipedia.org/wiki/Deep_foundation