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Hunter’s trial transcript Vol. 4

705 Raymond Hunter (a Third Party)Cross-exam by Mr. Davison

17 Q How could you suggest to them around $900,000 they

18 could find a house if you didn’t know where?

19 A Well, quite obviously there’s, you know, quite a

20 number of properties for sale at various areas in

21 the Lower Mainland.

35 Q And you told them they should be able to find

36 something in the $900,000 range?

37 A I believe so, based upon that, yeah. 900 to 950

38 in that — in that area.

649 Raymond Hunter (a Third Party) Cross-exam by Mr.Davison

33 Q That is a three-page document titled Exclusive

34 Listing Contract?

35 A That’s correct.

36 Q Okay. And you drafted that document?

37 A Yes, I did.

38 Q Okay. And when you attended the Garniers on

39 February 8th, that’s one of the documents you

40 brought with you?

41 A Yes, it is.

Page 650

47 Q Now, did you bring a multiple listing contract, as

Page 651

1 well, with you?

2 A No.

23 Q Now, it says in section 6 of this agreement on

24 page 1:

25

26 The listing broker —

27

28 That would be you, correct?

29 A That’s correct.

30 Q

31 — agrees as follows: (a) to act only as

32 the agent for the seller with respect to the

33 property except where the seller consents to

34 a limited dual agency agreement.

35

36 And it says see 9 below.

37 A Correct.

38 Q At the point that the Garniers signed this

39 document, they hadn’t consented to a limited dual

40 agency agreement, had they?

41 A They hadn’t consented.

652 Raymond Hunter (a Third Party) Cross-exam by Mr.Davison

4 Q And so at this point, they had not signed a

5 limited dual agency agreement?

6 A No.

7 Q And it says also :

8 To provide information about the property to

9 prospective buyers and other brokerages.

11

12 You didn’t do that, correct?

13 A As per the terms of reference, again the specific

14 instructions given to me by Mr. and Mrs. Garnier