Thursday, October 18, 2007

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

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