There are two separate and distinct disclosure requirements, one under the Real Estate and Business Brokers Act, 2002 and the other, under the Code of Ethics. The Act requires disclosure …
Is the Buyer Entitled to Vacant Possession?
This was a question that arose in the recent case Sivasubramaniam v. Mohammad, 2018, decided by the Honourable Mr. Justice Robert Charney of the Ontario Superior Court of Justice on …
Deposit of 5% Forfeited notwithstanding Profit on Resale
The issue of the deposit came up once again in the Superior Court of Justice before Justice Shaw in Sinha v. Shabestari, 16 January 2018. …
Commissions Payable on FSBO Deals
Ontario Question: How does the commission arrangement work in a FSBO deal with a Customer Service Agreement? Answer: You are referring to Form 201 being the “Commission Agreement for a …
Disclosure of Former Grow-Op
(Ontario) This is the current view of RECO on this point. It became quite topical with the introduction of legal cannabis on 17 October 2018. This is the Ask Joe …
Offer Conveyance: Agency or Non Agency
(Ontario) Question: You obtain a listing, show the property to a buyer customer and obtain an offer from the customer. The offer states the deposit will be submitted “upon acceptance” of the …
Securing the Farm Property Before Closing
Question: I have a Buyer client looking at a farm property and it has a ton of outbuildings that are full of antiques and other non-value items that have just …
Make a Partial Payment Instead of an Increased Deposit
There are very good reason from the perspective of the Buyer that the deposit should not be increased too much. Once a certain level has be reached additional moneys should …
Court Confirms Duty to Read Electronic Documents
A real estate agent and a client were undertaking business together by “long distance”. Documents were forwarded by an electronic software and signature platform known as “Authentisign”. Included among the …
Capacity to Contract with Cannabis Impairment
A person must have the capacity to contract in order for the contract to be legally binding upon them. Essentially, it doesn’t mean anything more than “having their wits about …