Classification of Contractual Provisions

There are three types of terms in an agreement: conditions, warranties, and representations. With conditions, the remedy is that the agreement becomes null and void ab initio (from the beginning). They are “deal …

2017 Recovery Took 22 Months

Right now we are possibly looking at a repeat of the 2017 market. We saw the Toronto real estate market peak in 2017. Actually, the highest price historically for average …

The “Dock” Dispute

Neighbours of waterfront properties on Lake Simcoe  fought for years over a dock. Finally, the Ontario Court of Appeal ordered the removal of a dock, punitive damages of $100,000, and …

The “Right” to Inspect Before Closing

Chaston v. Este Is there an opportunity to view the property before closing? After all, real estate contracts are executor contracts. The property transaction might close months after the deal …

Buyer In Default Resurfaces

Question: So confirmation of acceptance is signed. Both parties complete acknowledgement. Buyer does not deliver deposit. Buyer is in breach of contract. Seller doesn’t sign mutual release. Seller relists home, …

The Non-Refundable Deposit Issue

Securing the Deal for the Vendor There are many situations where a Vendor would like to ensure that the Buyer brings a good deposit to the table and as time …

Title for Joint Venturers

Question: If I know 2 unrelated people that agree to combine their resources to buy property ie a joint venture. What is the best way for them to do that …

Purchaser Moving into Tenanted Property

With all the issues related to eviction, occupation and vacant possession, consider this clause: “The Buyer agrees that they or their immediate family intend(s) to move into the property on …