Pre-construction Unit Alex Lucas was a roofer and worked as a contractor for one of the companies that owned and built some residential condominiums. Facts agreement of purchase and sale …
Court of Appeal Summarizes Specific Performance Law
Dhatt v. Beer, 2021 ONCA 137 The Beers decided to appeal. They were unsuccessful and a further $15,000 in costs was awarded against them. The Ontario Court of Appeal stated: …
Dhatt v. Beer (Specific Performance)
Unique This is an interesting case. The Dhatts as Buyers are suing the Beers as Sellers. Just prior to closing, Mrs. Beer had “sellers’ remorse and refused tom close. The …
Specific Performance Granted, Seller Lacked Funds
The Ontario Court of Appeal considered a case where it was clear that the Seller lacked funds to appropriately compensate the Buyers. Consequently, Specific Performance was granted. The Court in …
Ontario Court of Appeal Revisits Specific Performance
Lucas and Howard Park The Ontario Court of Appeal looks like it is re-opening the aspect of uniqueness and providing a little more flexibility for Buyers in its 2021 decision …
Specific Performance as a Remedy
Semelhago v. Paramadevan Traditionally, the standard common law remedy in the case of a Seller’s default on a real estate transaction was “specific performance”. The Court would grant title to the Buyer. …
Problems when Signing a Buyer Representation Agreement
There are, of course, two sides to every story, but I have heard many versions of much the same thing where the Buyer was simply duped into signing the Buyer …
Working with a Realtor Form for Leases?
Question: When listing a lease, do you get them to sign a Working with a Realtor (WWR) Form 810? Answer: WWR is a strange document and doesn’t meet the requirements …
Working for a “Friend” (Ontario)
Question: A “friend” just asked me to help him write the purchase agreement for him to privately buy his wife’s former family cottage. Of course, he does not want to pay …
What Happens when Listing Agent Tries to Steal Your Client?
(Ontario) Question: My client went to an Open House yesterday and the Listing Agent told him: “There are 5 offers. If you don’t have an agent, I will represent you …