Question: Is a Deposit a Requirement for a Valid Contract? Answer: A valid contract in Ontario requires either: 1) consideration, or 2) a seal. All standard form OREA contracts are …
Interior Dimensions and Accuracy ~ Be Careful
Double Check Measurements By Brian Madigan LL.B. How important are the actual measurements of a room? Does size matter?Sometimes, it does. Possibly the prospective purchaser is undertaking some rough calculations …
Confirmation of Acceptance and Who Signs
The purpose of the Confirmation of Acceptance (COA) is to set the clock running. It’s not a document which exists in many jurisdictions, but it is used in Ontario. The …
Interference With BRA Contract?
Question: A potential Buyer is very upset with their agent. They have signed a Buyer Representation Agreement. How can I deal with this potential Buyer and stay out of trouble? …
Handling Commission Reduction Proposals
Question: Does a Listing agent have to disclose to other potential Buyers, if one Buyer’s Agent proposes to reduce his commission? Answer: The quick answer is “yes”, provided you agree …
Furnace Rental: The standard Agreement
Question: An agent listed a condo with a rental furnace. Brokerage remarks state furnace is rental $90 month. Offer did not include the rental and both agents missed it, supposed …
Furnace is a Rental – Just Found Out Before Closing
Question: I am the Buyer’s agent. Three days before closing I just found out the furnace is a rental. What can be done? Answer: The furnace is a fixture in …
False Representation Made by Agent without Liability
This is the “buildable lot” case, Drolet v. Re/Max Riverview (2016) and the “issue” of the false representation. If the agent indeed made a false statement, why was there no …
Failure to Register Transfer of Title From an Estate (Ontario)
Question: I am just about to list a house. There are three owners and they are all willing to sign. However, on checking with the Registry Office, there are still …
Execution of the Mutual Release in Real Estate Transactions
The issue presents itself with every failed transaction. Sign the Mutual Release, give the Buyer his deposit and move on. But, is that really the best idea? In a number …