It is recognized that there are certain areas which are truly part of the body of water, but it is advisable that they be placed in private ownership. In this …
Where’s the Waterfront Line?
It’s very important to know where the lake ends and your property begins. First of all, you have to begin with the water. Let’s assume that the body of water …
Warranties and the Doctrine of Merger
We looked at Warranties and the doctrine of merger. The Robinson v. Hobbs-Lingard case in 2015 highlighted several issues. It was heard in the Small Claims Court in Milton on …
Updating the Deal: “Acceptance” Following the Irrevocable
Sometimes, even when the two sides are working together very successfully, they just run out of time. Well-intentioned, but the acceptance just wasn’t finished off in time. So, what’s the …
Understanding the Doctrine of Merger
What is the meaning of the following statement: “This representation and warranty shall survive and not merge on completion of this transaction”. The doctrine of merger is a legal principle associated …
Who’s the Buyer?
Nobody knows! No one said anything. The name and contact information are not available. You would think that this information would be set out in the Offer. It didn’t. It …
Time is of the Essence in Offers (and Hockey) Explained
For whatever reason, many real estate agents seem to think that there’s some flexibility and a little “give and take” when Courts interpret the intentions of the parties in the …
The Warranty: It’s Over Before It Starts
Now, that would be the kind of warranty you should give, but if you are on the receiving end, was that a little bit of a trick? Let’s assume that …
Collecting on the Buyer Representation Agreements
Question: I showed at least 20 properties and made 3 offers on properties with a Client under a BRA. They purchased a property through another agent (listing agent) the week …
The Failed Deposit (Not Paid) – Remedies
What happens if the deposit is not paid? The Listing Agent inquired since he received the following message: “My clients have decided not to deliver the deposit cheque because the …