Is a seal required for a real estate deal? A common question that arises in respect to real estate transactions. Here is a little bit of history about the use of …
Detached or Semi-detached?
By Brian Madigan LL.B. This is an interesting question. The property quite clearly had been the west side of a semi-detached pair of buildings. So, what happens now that …
Misuse of Blank and Undated Documents
By Brian Madigan LL.B. The real estate agent in this case misused the documentation that has been drafted and made available by the Ontario Real Estate Association (OREA). The agent …
Defects in Real Property and Related Disclosure Issues
The question relating to the obligation to disclose is one which arises constantly, and applies to every real estate sale. What are the disclosure obligations? The matter of patent and …
Sub-Agency
Sub-Agency still needs to be explained In large measure, sub-agency has come and gone. It exists only in rare situations. You have to go back to the early 1990’s and …
Termination of Utilities Clause where Building Permit Is Required
In Toronto’s hot real estate market some people are looking for lots not buildings. But, there are no lots, just properties in decent locations with old buildings upon them. So, …
The Meaning of “Acceptance” in Real Estate Transactions
For some strange reason, the meaning of “acceptance” in real estate transactions is not well understood. Since you can’t have a contract without it, you would think that there would …
The Basic Principles Behind “Materiality”
The issue of “materiality was recently considered by the Supreme Court of Canada in Sharbern Holding Inc. v. Vancouver Airport Centre Ltd. (2011). This is the definition at common law. …
The Role of a Business Broker
By Brian Madigan LL.B. A business broker is regulated in Ontario under the same legislation that applies to real estate agents, namely the Real Estate and Business Brokers Act, 2002. …
Counter Offer Form ~ Amendments
There is a standard form Counter Offer form which has been drawn up for use in Ontario. There are some small issues which should be addressed if you propose to …