A Court in Newfoundland had to consider the application of the laws of specific performance. Not unexpectedly, a good number of the cases were drawn from Ontario. In Johnson v. …
Second Buyer Bumping Your First Buyer
From time to time agents are concerned about their duties if they have more than one prospective Buyer for a property. Usually, this will be the Listing Agent who has …
Continued Occupancy of a Property Clause
(Ontario) From time to time, it’s necessary to permit the Seller to continue to stay in occupation of the property immediately following closing. Consider dealing with the following issues: “The …
Mutual Releases – The Practice in Ontario
Question: Why do we insist on a Mutual Release when a deposit was never paid? The Agreement of Purchase and Sale already says it becomes “null and void” if a …
Land Development or Site Plan Agreement
(Ontario) Question: Having troubles understanding the exact difference between these 2, land development agreement and site plan agreement? Answer: Size is basically the difference. With a land development agreement you …
Notices Wording in the Agreement of Purchase and Sale
3. NOTICES: The Seller hereby appoints the Listing Brokerage as agent for the Seller for the purpose of giving and receiving notices pursuant to this Agreement. Where a Brokerage (Buyer’s …
Lot Falls Short of “more or less”: Deposit Returned
The Ontario Court of Appeal released a decision about a deposit on 12 December 2018 in Hosseinzadeh v. Pringle. The case is rather straightforward. The parties were troubled over the …
Agreements: Residential and Commercial FORMS
(Ontario) Question: What are the differences between Form 100 (residential) and Form 500 (Commercial). Answer: Look at Clause 7 which deals with the HST. In Form 100, it’s included in …
No Cheques: No Keys for Residential Leases
(Ontario) Question: My client takes possession of her rental unit today and meets with the listing agent for keys. She has proof of tenant’s insurance and utilities in her name …
Caution: Using a Notice of Fulfillment for an Inspection Condition
Sometimes Buyers will use the Notice of Fulfillment to remove the inspection condition. Here’s how that provision, as annotated usually reads: Inspection: Actual Condition This Offer is conditional upon the …