While it may sound to be a rather simple task, “counting” has some rules. Sometimes, the last day doesn’t count. Complete this in 5 days 5 days You have 5 …
Seller who is Real Estate Agent: Obligations to Disclose
(Ontario) Question: Doing a deal where the agent is also the Seller. She disclosed UFFI and knob and tube but only in the hallway and said she had a previous …
Statutory Severance of Joint Tenancy (Matrimonial Home in Ontario)
Question: If 3 partners, who are single, own a property as joint tenants, one partner gets married and dies after 3 yrs. So joint tenancy is for dead partner’s part …
Seller’s Furnace Warranty Expiration
Question: How you all interpret “completion of transaction” in this clause: “The parties agree that this representation and warranty shall survive and not merge on completion of this transaction, but …
Getting the Consent to Electronic Signatures
The Electronic Commerce Act has now been in place for over 7 and a half years, yet we still have issues concerning its use. Originally, the Act banned electronic transactions …
Comparing Mediation and Arbitration for Defaulted Real Estate Deals
Mediation is much less expensive than Arbitration. If price is the motivating factor, then go with mediation. There are various agencies and associations which offer both mediation and arbitration. Often, …
A Few Points About Joint Tenancy in Ontario
If two people acquire property as joint tenants, they must hold it 50/50. If there are three, then each must hold one-third. If it were to be 90/10, that’s fine, …
Arbitration will work for Defaulted Real Estate Transactions
This is a companion article to the one on Mediation. The Spring GTA real estate market saw a sudden and unexpected increase in prices, followed by an equally abrupt and …
Agent’s Negligence: Breach of Fiduciary Duties at Common Law
These errors or omissions are really by far the most common and frequent mistakes that real estate agents will make. Agency Obligations at Common Law There are some fundamental and …
Agent’s Negligence: Breach of Code of Ethics
There are a number of potential transgressions under the Code of Ethics which would support a claim in negligence against an agent. Agency Obligations under the Act and Code of …