Our Story

The Garniers did not extend the time of acceptance after February 13, 2007.

Mr.Tidder testified that Prudential United Realty’s Bank required uncertified funds to be held for 10 days before it can be deposited into their trust account;

745 Stephen Tidder (for Third Parties)Cross-exam by Mr. Davison

16 Q Now, if — do you have a holding period where you

17 could write a cheque on that trust account?

18 A As in to make sure things have cleared, you mean?

19 Q Yes.

20 A Yeah. Typically I think a bank suggests ten days

21 as a — would be clearing time for a

22 transaction. So we would not do something with

23 uncertified monies or nonbank draft monies until

24 that period was up and then we would probably go

25 online and check to make sure that there was

26 nothing in our statement that showed a return.

Raymond Hunter’s Examination for Discovery April 13, 2010

Page 136


2 760 Q When did you give it to Prudential?

3 A It would have been the 15th and it was deposited into

4 the bank the same day.

Page 180

11 985 Q And you could have asked her to get a bank draft for

12 Tuesday?

13 A Well, as I said, the practice is to get the cheque in

14 hand for the possibility that you’re going to need it

15 immediately rather than wait until a buyer, or a

16 seller rather, will actually accept the offer.

21 987 Q 14th; right? And so at that day you could have asked

22 her for a bank draft.

23 A Well, technically, yes, but I had the cheque in hand

24 already.

25 988 Q So that was your choice to not ask her for a bank

Page 182

1 draft?

2 A Yes, because I felt it wasn’t necessary.

Lucy Hundley’s Examination for Discovery transcripts. February 26, 2009

Page 70


17 525 Q Okay. Now, we have today here the actual cheque

18 written by you for a thousand dollars to Prudential

19 United Realty; correct?

20 A M’mm-hmm.

21 526 Q Okay. And that’s in a joint account of yours and

22 Donna Fillipoff?