There are a couple of common law rues which get around caveat emptor: Fraud, Latent Defects (material), and Fundamental Difference. Generally, the first two are relatively clear and evident. It’s …
Can You Spot the Problem: Brick Fence
There are a few problems that real estate agents should notice without being told. Look at this brick fence! Just exactly where is it? Does it show on the survey? …
Agent Convicted for “Signing” on Behalf of Client
This is a very serious offence. In this case, a deal fell apart, and the Agent involved actually signed the Mutual Release on behalf of his Buyer client. The Buyer …
Agency Express and Implied
Question: Could you explain the difference between express and implied agency? Answer: You are concerned about the express and implied agency arrangements. For express agency, there’s always an actual “agency …
The 15 Rules for Chattels and Fixtures
15 Rules for Chattels and Fixtures Is it a chattel or a fixture? For both real estate agents and lawyers, this is often a puzzling question. There are some basic …
Don’t Forget to Plan Your Flip at the Outset
The time for planning is before you start. Let’s assume that the expenses for the renovation project will be $50,000.00 and you expect to make $100,000.00 on top of that. …
Mutual Driveways
(Ontario) Question: How can I be sure that there is a Mutual Driveway, or driveways access? Answer: Be sure to check the Survey. You have to be careful. It’s been …
Just Because the Basement Leaks Doesn’t Mean that You Can Sue
Jalin Thomas purchased a property in Kitchener, Ontario from Alma Raynard. Following the closing, it turned out that the basement leaked. Thomas advanced several theories for the recovery of damages: …
Liability for an Unexpected Trip and Fall
Question: Your current sellers go to an open house (without you). They go to the basement and the husband trips down the stairs – misses three stairs and blows out …
Contamination or Not: You Bought it, You’re Stuck
The Purchaser acquired a property in Etobicoke which was zoned and used for industrial purposes. The purchaser, in fact, owned a property nearby, so he was quite familiar with the …