The issue of “materiality was recently considered by the Supreme Court of Canada in Sharbern Holding Inc. v. Vancouver Airport Centre Ltd. (2011). The important aspects of the test for …
Negligent Misrepresentations and the Law
In Ontario, there are two bodies of law which must be considered in respect to misrepresentations: contract and tort. Contract If the misrepresentation is serious enough, then the victim may …
Mortgage Fraud and Oklahoma Offers
What is an Oklahoma Offer! Actually, it’s a simple form of real estate fraud. There are variations depending upon how many parties are involved and who is the intended …
How Reliable are Statistics?
The real question is how reliable is the reporter? And, do they have their own agenda? What would they like you to believe? Is there any motivation for “propaganda”? Let’s …
Good Title Clause
Assuming that you wish to bargain for “good title with the regular noted exceptions”, and move away from the obligation to accept “title insurance”, then here’s a clause for your …
Bargain for “Good Title”
Most common law jurisdictions bargain for “good title”, subject to some exceptions. In Ontario, the standard Form OREA Agreement of Purchase and Sale goes one step further. It lowers the …
Missing Initials on the Agreement
You have just received a 15 page Agreement of Purchase and Sale. You find that at the bottom of pages 9 and 12 the Seller forgot to initial the page. …
Landlords ~ Don’t Let Tenants raise your Insurance
Sometimes Landlords overlook the issue of insurance. Make sure that your Tenant is not carrying on activities which will either increase your insurance premiums or result in a termination or …
Locating the Bad Areas
This will be an area where the buildings are old and in disrepair. Generally, you don’t want to live there. Poor quality buildings, neglected and not well-maintained line the streets. …
Is an Agreement Valid without a Witness?
A problem frequently arises in real estate transactions when people say they witness signatures, but they don’t. In Ontario, there are only three legal documents which require witnesses: 1) Domestic …