(Ontario) Question: There are a number of issues related to real estate in a Will, but what about younger children? Can they still live in the house etc? Answer: Good …
What can Assistants Do?
(Ontario) Question: I would like to know what things my assistant can do. They are not registered. Answer: They can do everything except what is “Trading in Real Estate”. Here’s …
No New Consideration Required for Contract Adjustments
Parties engage in a contract. Then, there are some extensions and adjustments etc. Both parties expect to be bound by these modifications. But, the contract is only good for so …
Joint Tenancy without the “Statement of Intention” can be Costly
There was an interesting case which recently came before the Ontario Court of Appeal for consideration. At issue was the question of whether or not the individual intended “joint tenancy”. …
Deposit Holder: What is their status?
(Ontario) Question: The Seller has either their Listing Agent, the Brokerage or their solicitor hold the deposit. Are they not both subject to agency laws, such that they have to …
Small Claims and the $70,000 Limit
By Brian Madigan LL.B. The jurisdiction of the “small claims” court in Ontario has increased significantly in the last few years. On 1 January 2020, it rose to $35,000. …
Holdover Commissions in Ontario
Question: A buyer is introduced during validity of the first representation agreement and completes the purchase under a subsequent representation agreement with another brokerage. Two observations: “Under current practices, the …
How to Change a Few Dates in the Agreement
(Ontario) This is an interesting issue. There are several approaches to this, and ultimately no correct answer. The Agreement Bob, the Buyer, and Sam, the Seller, strike a deal on …
When Does a Seller have to Mitigate in a Defaulted Real Estate Transaction?
This is an interesting question and hundreds of thousands of dollars can turn on the answer. Recently, the Ontario Superior Court of Justice had to consider that question. The Buyers, …
Placing the Deposit in the Trust Account
(Ontario) Question: When a deposit is provided “herewith” with an offer by a Buyer, does the 5 day deposit requirement start the next day or the day after the final …