Question
Adam Chin met Tracy Geen, a real estate agent, while looking to purchase a house. Geen showedChin a number of properties, and he found the
Adam Chin met Tracy Geen, a real estate agent, while looking to purchase a house. Geen showedChin a number of properties, and he found the home of his dreams, which, unfortunately, carried ahigh price. Chin had already organized a first mortgage to be able to purchase the house. Whiletelling Geen of his need for a second mortgage, he also mentioned that he required fire insurance forthe house once the purchase was completed. Geen, who also happ'ened to be an insurance agentforMetro Life Insurance Company, offered to help Chin with his insurance needs and, for a fee, to assisthim in placing a second mortgage. Unknown to Chin, the vendor of the house had indicated to Geen that she was prepared totake back a second mortgage on a three-year term at 15% if it would assist in helping to sell thehouse. Chin left it to Geen to negotiate the terms of the second mortgage saying, "The lower theinterest rate, the higher the returnnudge, nudge, wink, wink." Geen negotiated the interest from the vendor down to 12% for a five-year term. The offer onthe house was finalized. Geen and Chin met the day before the purchase of the house andcompleted the necessary insurance forms. Chin gave Geen a cheque for his first premium, and Geen put the forms and the cheque in an envelope, placed them in her briefcase and, patting it, told himhe was in good hands. She would submit the insurance application to Metro Life later that day. Six weeks later, Chin's house was destroyed by fire and the Municipal Bank of Mellenvilledemanded payment under the mortgage, as did the vendor as second mortgagee (lender). Chincontacted Metro Life, which said it had no records of Chin's application, and refused to pay either thebank or the second mortgagee. Chin then contacted Geen, who vaguely recalled her meeting withChin. Checking her briefcase, she found the envelope containing his application forms and chequestuck in the top corner of the lid. Geen phoned Chin, and told him the application had never beensubmitted. She felt just awful that all this had happened; however, he was not covered for insuranceon his house. a)Advise Chin as to the nature of his legal action, and whether it would be Metro Life or Geenthat he would pursue for his remedy. b)Has Geen met the terms of her agency relationship with Metro Life, and if not, explain whatstandard she has fallen short of and why? c)Now that the parties are all talking directly to each other, the vendor/second mortgagee hasfound out about the second-mortgage financing arrangement between Chin and Geen. Whatadvice would you provide her in the circumstances? d)Other than finding a new profession, what advice would you offer Geen in order to help herarrange her future business dealings?
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