Question: There can be no waiver with a condition precedent, but there can be a waiver with a condition subsequent is that right? Answer: No. This is not true, although …
Wrapping up the First Deal
Questions: I am the Listing Agent. I had a deal that was signed conditionally, conditions have expired, I didn’t get NOF or waiver, so the deal is dead. I requested …
What Happens if the Neighbour is Unduly Objectionable (Ontario)
Rescission Question: My clients just closed on a condominium apartment. The neighbour below is objectionable, noisy and complaining constantly about their noise. They just moved in recently. Answer: Assuming that …
Can’t Walk Away if Status Certificate is Acceptable (Ontario)
Question: I am the Listing agent. I just did a deal with Status as the only condition. Status is fine. Buyers are backing out. They did not drop deposit cheque …
RECO Disclosure: Lawsuits
Question: I am making an application to RECO for reinstatement. Do I have to disclose lawsuits or pending litigation? I am currently involved in a lawsuit with a former business …
Use a Lawyer Review Clause to Protect Your Buyer with Dementia
Question: Representing the Seller in a sale. Drafting offer for Buyers at their instruction with customer status. It’s come to light that one of the Buyers has early stage dementia. …
Updating the Illegal Substances Clause
A recent case in Ontario Superior Court calls into question a familiar and frequently used clause in Agreements of Purchase and Sale: “The Seller represents and warrants that during the …
Seller’s Approval of Buyer’s Financing
From time to time, the Seller will be anxious to confirm that the Buyer truly has the right financing. Assuming that to be the case, here’s what a clause would …
Restrictive Covenants and Fences
No Swimming Pools Question: A buyer wanted to buy a property and put a pool in their back yard. When doing a title search they found that the seller had …
Sump Pump Not There
Question: Two weeks after closing my Buyers discover a flood in their basement, with water entering through one of the basement windows. In the listing it’s written that there’s a …