Question: What is included in the title search? a, liens b. outstanding mortgage c. taxes d. easements Various answers were provided as to which answers were correct. Answer: This is …
Commission Deficiency Ontario
Question: If there is not enough commission to pay the Buyer’s Agent on closing, can the Buyer’s Agent sue the Buyer directly for full payment or the shortfall under the …
Inspection Conditions for “As Is” Properties
Question: If a house is being sold “as is” can you personally pay for a building inspector as a condition if you put a bid on it? Answer: All real …
Commission Clawback
(Ontario) Question: In Broker’s Remarks on an MLS, it states the following: “Cooperating Broker will pay Listing Broker a Referral Fee of 40% of the Cooperating Broker Commission if the …
Disclosure Framework For Consideration
Agents should really have at least 6 different frames of reference for the answers to any disclosure question relating to material facts: Representing the Seller as a Client Representing the …
Disclosure: Lack of Insulation
Question: Seller is listing their 100+ year old house. They know there is no insulation in the walls. Does this need to be disclosed? Answer: There doesn’t appear to be …
Swimming Pools Warranty (Best of Knowledge and Belief)
Question: “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 shall be, in good …
Can You Spot the Problem (Hydro Pole)
Certainly it would seem very obvious that if the hydro pole is in the middle of the driveway, then the driveway would be rendered useless for vehicular traffic other than …
Non- Disclosure of the Murder
A decision of the BC Court of Appeal confirmed that a Seller did not have to volunteer the fact that a murder had taken place.. There’s actually nothing new. The …
Good Faith in Real Estate Deals is Not New
It’s been the law for years. Well, at least going back to June 1958. On 26 June 1958, the Supreme Court of Canada decided that there was indeed an obligation …