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
1 MR. DAVISON:
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.
11 985 Q And you could have asked her to get a bank draft for
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
25 988 Q So that was your choice to not ask her for a bank
2 A Yes, because I felt it wasn’t necessary.
Lucy Hundley’s Examination for Discovery transcripts. February 26, 2009
16 MR. DAVISON:
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?