The standard form OREA Agreement of Purchase and Sale requires initials to be placed on every page for the purposes of acknowledgment except the actual signing page. The difficulty is …
Interesting SPIS Representation Clause
There is a clause that some Buyers representatives seek to include in an Agreement of Purchase and Sale. At first, it seems somewhat innocuous, but on further reading, should you …
Side by Side Driveways Did not Become “Mutual”
The Ontario Court of Appeal recently considered another potential “mutual driveway situation. In English v. Perras, 20 July 2018, the Court decided that the evidence was insufficient to establish the …
Riparian Rights and Locating the Evidence (Ontario)
Question: The survey shows the property line is at water’s edge. The Land Registry shows the line ends there too. The City says there aren’t riparian rights The listing agent …
Specific Performance as a Remedy in Ontario
Question: I am representing the buyers in a deal that is firm and set to close in a few weeks. The Listing Agent says her client wants to back out …
Roof Patched, Leaks and Late Discovery
Question: Buyers have noticed an active leak in the roof of an extension to the main building. They noticed the damage on the day they took possession, but thought it …
Seller’s Remedies Having Signed a Mutual Release
You can probably imagine that a Seller may be upset, sign a Mutual Release and then regret it afterwards. This would particularly be the case if the Seller felt that …
Seller’s Options with a Failed Deposit Cheque in a Conditional Deal
On occasion, Buyers’ agents are rushed and they just don’t get around to things. Fred was acting for Barney who wanted a house to renovate in the west end. He …
Toronto and GTA Markets in August 2021
This is the recently released report of the Toronto Regional Real Estate Board concerning the August 2021 results: “September 3, 2021 – TRREB is reporting the third-best sales result on …
The Listing Agent and Buyer’s Letters
Question: If you are a Listing Agent, are you obligated to pass along a Buyer’s letter which supports their interest in the property? Answer: These letters are becoming quite common. …