(Ontario) The latin term “affidavit” is a very common term used in law. Translated, it means “he who has declared upon oath”. The meaning is rather specific. It refers to a document …
Expert Witness Testified about Value of Property
In Bouskill v. Campea (1976) the Ontario Court of Appeal noted the testimony of an Expert Witness As noted in the decision: “An expert witness testified at the trial that …
Be Careful with the Legal Description
Northfield as Vendor sold a parcel of property to North American on 12 June 2007. The parcel comprising 7.31 acres was located at the southwest corner of an intersection in …
Additional Non-Refundable Sum for the Extension
What happens if the Buyer needs an extension. The Seller is willing to accommodate, however, it will certainly cost him real money. Consider using this clause: “The Buyer agrees to …
The Complications of the Second Client
The timing issue comes into play, when you have two parties both under contract at the same time. If you get a Listing for Sam’s property, you can show it …
Postponement Privilege
(Ontario) Question: I could not understand the Postponement Privilege . Answer: Someone advances a second mortgage. It’s supposed to be in second position. This particular privilege permits the Owner to refinance …
Rejecting the Waiver: Is that Allowed?
Increasingly, Listing Agents are complaining about receiving Waivers rather than Notices of Fulfillment. They want the “NOF”. They resent receiving the Waiver. They say that the Buyer’s Agent should “go …
Municipal Taxes Outstanding Following Closing
(Ontario) Question: Taxes on the Listing show $5,500.00, the Buyer takes possession and receives a bill from the municipality for $7,000.00. What can be done? Answer: Actually, this happens quite …
Seller Lacks Funds to Pay Co-operating Brokerage
(Ontario) Question: The Seller cannot pay commission on the transaction. How does the buyer agent get paid? Do they sue the selling brokerage? Answer: This situation actually arises quite frequently, …
Mould and Buyer’s Remedies
The Superior Court of Justice in Ontario dealt with a Buyer’s claim for personal injuries arising from the presence of mould in a home. The litigation was of “long duration”. …