Generally, the law does not wish to have minors entering into contracts, without proper guidance. Consequently, the law requires that a minor may only contract for something that is a necessity. …
Proliferation of Litigation ~ Always Somebody to Sue!
Owner of a commercial plaza hires a contractor who engages a plumber who gets his lines crossed. Several years later after the Owner has sold the property and a second …
Unfair Business Practices
In 2009,the Ontario Government passed with the Consumer Protection Act. When it comes to real estate there are some important provisions. While the conveyance of real estate is exempt from the …
Chattels Defined
Recently, a buyer was concerned about an upcoming closing and was somewhat worried that the vendor was planning to take the garden shed with him. The buyer wanted to know …
Unintended Dual Agency
Buyer’s agency was popularized as a partial solution to the problems and issues presented by sub-agency. You might recall that in a sub-agency situation, two agents both act for the …
Dual Agency and Sub-Agency
In order to properly understand the concept of dual agency it is necessary to view it from an historical perspective. In the 60’s, 70’s and 80’s all agents represented the …
Trees as a Nuisance
If a tree falls in the forest, no one cares, except perhaps the termites. But, if your neighbour’s tree falls on your house, then there is a little problem. First …
Dual Agency: Opposition
So, who is opposed to dual agency? Having undertaken some research on this issue, I was somewhat surprised by the results. There appear to be two separate and distinct groups: …
Spousal Consent: Implied or Informed?
Now, we all know that the legal spouse must provide a consent under the Family Law Act in respect to the sale or mortgage of a matrimonial home. The real …
Dual Agency: Supporters
Just who is in favour of dual agency? If there are such substantial problems, why is it still around? The simple answer seems to be real estate brokerages, organized real …