This is another clause, used by real estate agents: Release from Prior Agreement “This Offer is conditional upon the seller being released from the agreement of purchase and sale dated …
Release From Prior Agreement #2
This is another clause, used by real estate agents: Release from Prior Date “This Offer is conditional upon the Seller obtaining a properly executed Mutual Release from a prior Agreement …
Release from Prior Agreement
This is an interesting clause which some agents use: Release from Prior Time Agreement The acceptance of this offer is conditional upon the Seller obtaining a properly executed Mutual Release …
SPIS ~ Lance and Wright
Real Estate Agent’s Liability This was a case in the Supreme Court of British Columbia in 1997 involving the use of the Property Condition Statement. Mr. and Mrs. Lance purchased …
SPIS ~ Bird and Ireland
Vendor not Obligated to Warrant Property: No Commission This is another interesting case involving the use of the Seller Property Information Statement (SPIS), not for the purpose for which it was …
SPIS ~ Zadegan and Zadegan
Contempt of Court This is a very unusual case involving the use of a Seller Property Information Statement. Actually, the SPIS formed part of the evidence in a contempt of court …
SPIS ~ Cartwright and Fournier
Update the Document This is another in the series of Property Disclosure Statements giving rise to litigation after closing. The parties entered into an agreement in November 2003 to close 14 April …
Chattels are Sold “as is” without a Warranty Clause
Question: The buyer’s agent did not include a chattels and fixtures warranty clause. If something broke between now and closing, like an appliance or air conditioner, for example, does the …
Deposit Not Forfeited if Builder Can’t Close
In a recent case, the Ontario Court of Appeal concluded that if the Builder has not reached substantial completion on the date of closing, then, it cannot keep the Buyer’s …
SPIS ~ Macdonald v. Robson
Major Easement This was an application in the Superior Court of Justice of Ontario for an order rescinding an agreement of purchase and sale. The purchaser Mr. Macdonald had submitted …