Commissions In Writing Question: If you have no contract signed with the seller re your commission amount and you draft a Letter of intent or even an offer and you …
Commencement or Start of Day
Just when does the day begin? Sometimes, a minute or two can make a real difference. For real estate, there are days and then there are days. There are closing …
Changing the Substance of the Title Clause
Over the years, the title clause in the standard form real estate transaction has changed. The title clause was amended several times. Initially, it provided for: good title, then it …
Caveat Emptor on Kitec
Question: Does the Listing Agent have to disclose the presence of Kitec plumbing on the listing? Answer: The basic principle is “Buyer Beware”, so that means everyone is out there …
Using a Common Survey Clause (Ontario)
Question: Consider the use of the following clause which is in common usage: “The Seller agrees to provide, at the Seller’s own expense, not later than 9 pm on the …
Buyer’s Remedy if Size of Bedroom Falls Short of Advertised
Question: It turns out that one of the bedrooms in a 2,500 sf house is short by 40 sf. It is 4 ft less in width over 10 feet. What …
Buyer Offer Registration System (for Buyer Brokers)
Actually, usually there’s no such thing and that’s a potential problem. Consider the following situation, Bob, the Buyer, has been working with Mary, his real estate professional, and Henry, the …
The Need for an Expert Witness
Buyer’s Going to Fail – No Expert Witness In Drolet v ReMax Riverview Realty Ltd., the plaintiff purchased a property which he believed to be a “buildable lot”. In fact, …
Buyer’s Agent Does Direct Deal with My Seller- Any Recourse?
Question: I had a listing in Ontario, standard 90 day listing for a very aggressive seller. After every showing he would call the buyer’s agent for feedback and to basically …
Brokerages Should “Supervise”
This doesn’t really seem to happen very often in 2021. It did decades earlier, but that was based upon a model of “employment”. Brokerages would obtain the leads and drive …