Recently, there has a been a movement in the real estate industry to creating “teams”. A strong agent will have more work than they can handle personally and if they …
Disclosure of Relatives to Other Party in the Deal
Question: Scenario: commercial property acquisition and you are representing the buyer. Seller agent does not disclose she is related to the seller until after the sign back. Conversations between agents …
Water Presence Discovered After Agreement Before Closing
Considerations Question: Buyer does inspection before submitting offer. No problems come up and he buys the house firm. He goes for a revisit and notices a big puddle of water …
Lawyer’s Approval Clauses
Business Terms and Legal Terms Question: I might be inclined to look at a Buyer’s condition drafted as a condition subsequent because it involves less paperwork. Answer: Here are two …
Is the Acknowledgement or the Confirmation of Acceptance “THE” Acceptance?
Question: Sellers sign back offer, buyers accepts within irrevocable period signing the confirmation of acceptance. Now the sellers are refusing to sign the Acknowledgment as they have decided that they …
Lawyer’s Approval Clause Reviewed
Frequently, you may require a Lawyer’s Approval Clause. Quite commonly, they may be written as a Condition Precedent, however, we will review one drafted as a Condition Subsequent, in detail. …
Is a BRA which Omits the “Brokerage” Enforceable? (Ontario)
Question: The client wants out of the BRA. I looked at it and it doesn’t include the name of the Brokerage. Is that enforceable? Answer: It is quite possible to …
Notice of Fulfillment Brian Madigan’s ANNOTATED version Explained
The document which follows is an annotated version of the Notice of Fulfillment, with commentary in Italics. That portion not in Italics is part of the Form itself. The comments …
Lawsuit for Seller’s Run Around (Commission is Owed)
Question: I received a full price offer on one of my listings and my Clients, the Sellers turned it down. Then, they let the listing expire. I had some suspicions …
You Are Not Allowed to Chase the Seller’s Lawyer (TRREB)
Question: We are the Co-operating Brokerage. No commission check shows up. The Sellers’ lawyer won’t return calls. Is the listing Brokerage still responsible to pay the cooperating Brokerage portion of …