(Ontario) Question: If something comes up in a listing presentation, does the unsuccessful agent have to maintain silence? Answer: They made the pitch for agency. Fiduciary duties apply. They were …
Can You Sue for Misrepresentation After Closing?
Titles When Does the Real Estate Deal Get Done? Completion of the Real Estate Deal Recission of a Real Estate Contract for Misrepresentation Can You Sue for Misrepresentation After Closing? …
Merger Survivorship Wording
(Ontario) Consider the following clause: “The Seller represents and warrants to the best of his knowledge and belief that the swimming pool and equipment are now, and on the completion …
Referrals Carry Responsibility and Liability
The Supreme Court of Canada examined the role of a lawyer in a referral of a financial advisor to a client. You probably already suspect the problem. The financial advisor …
Buyer’s Last Visit to Property Before Closing
Inspection Clauses What happens on the Buyer’s last visit prior to closing? Frequently, not very much. It seems that everyone has their own ideas as to what might or should …
Bhasin v. Hrynew Revisited
It’s now been over seven and a half years since the Supreme Court of Canada released its decision in Bhasin v. Hrynew (13 November 2014). Basically, it’s been cited in …
Schedule “B” Missteps (Upon Acceptance)
Schedule B is an extra schedule of terms and provisions included in an Agreement of Purchase and Sale by a Listing Brokerage. It’s not mandatory. A Listing Brokerage will often …
Inappropriate Neighbour may be Refused Entry
Question: A neighbor is harassing my clients, the Sellers and my sales staff. Can we legally refuse entry at a public open house to this neighbor? Answer: It’s private property. …
Honest Efforts not Best Efforts Required for Financing
The British Columbia Court of Appeal recently considered the issue of the failure to secure financing following the decision of the Supreme Court of Canada in Bhasin v. Hrynew (2014). …
Escalation Clauses Might be Void in Ontario
It is a clause that is very risky to use both for the Buyer and the Seller. Many jurisdictions do not permit them at all: 1) Some think that this …