The condo, I didn't pay the sale price from my son. Toronto. No step so far. My son avoids me and won't meet me, so I'm

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Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

Good afternoon  –  can you please tell me the brief facts of your issue and your legal question?

All I have here is "the condo, I didn't pay the sale price from my son." I'm not entirely sure what that means. Can you please clarify?

Sorry to hear. Did you have a written agreement that he was to return this money to you after it was sold?

In a situation like this, you will need to retain a lawyer and sue him for the return of your money. This will be difficult given you have no written agreement. Here is a link for the Ontario lawyer referral service to help you find a lawyer so you can start the legal process right away: https://lsrs.lso.ca/lsrs/welcome

Does that help answer your question today?

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Please go ahead.

If the homes are in their names, then it legally remains their property absent a court order to the contrary. You would have no legal right to live in a home which you are neither an owner or tenant.

If they breached an oral agreement, you would have two years from the date of the breach in which to file a claim. If it’s any longer than that, you’re claim could be statute barred meaning the court will dismiss it regardless of the merits.

If you are looking to make a claim against the property, it should be done as soon as possible given the length of time. A civil litigation lawyer can charge anywhere from $150-$400/hour in the GTA. There likely will be a retainer of $2,500 - $10,000 up front. If you are successful, you could claim some of your legal fees. On the other hand, if you lose, you likely would need to pay your son a portion of his legal fees.

If the matter is opposed at court, it could take 1-3 years to obtain a trial date. Court and legal costs will likely be in the range of $15,000 to $40,000.

2 years from when he was supposed to pay you. If it was a "demand loan" meaning there was no date when it was to be paid, then 2 years from when you made the first demand of payment.

I would suggest retaining a lawyer and filing the legal claim now before it's too late. Here is a link for the Ontario lawyer referral service to help you find a lawyer so you can start the legal process right away: https://lsrs.lso.ca/lsrs/welcome

I suggest retaining a lawyer now and filing the claim. Do not wait any further.

If successful, you can recover everything.

File the claim now.

It would depend what was agreed to regarding the ownership interest of this property. If this strictly a loan to them, then you would retain any gain or loss. If the purpose of this transaction was to provide them with the ownership, then they would benefit from any gain or loss on the property.

Was this a loan you made to them or was it your intention to always retain ownership of the property?

It this entire transaction was simply a loan and they were to retain ownership, then any profit or loss would rest with them and not you.

If the transaction was designed that you would remain the beneficial owner and they were only paying you some rent money, then you would receive any gain or loss.

If the court deems you as the owner then you would be responsible for all taxes owing.

You're welcome.