The agreement between the parties concerning “title” to the property is in essence the “bargain” between the seller and the buyer. This is a matter of substance and not just …
Validity of Unsigned Buyer Representation Agreements
From time to time, Buyers’ Agents want to know what they can do if the Buyer Representation Agreement is not signed. Actually, that’s a very difficult question. However, there are …
Three Distinct Concepts for Time Deadlines
It is somewhat interesting that the standard Form OREA Agreement of Purchase and Sale makes several references to “time”. There is a clause that states: 20. TIME LIMITS: Time shall …
The Extra Value of Some Corner Lots
What do you think about corner lots, are they good or bad? The answer may depend upon the municipality and when the lot was created. 100 Years Ago Originally, land …
The Agreement is About Schedules
The standard form OREA Agreement of Purchase and Sale is all about Schedules. Here’s what the 2021 version states on the first page: SCHEDULE(S) A………………………………………………………………………………attached hereto form(s) part of this …
Tenant’s Lawyer Conditions
Sometimes, it’s necessary for the Tenant’s lawyer to approve the Agreement to Lease and/or the Lease itself. Here are two clauses to consider: Business Terms This Offer is conditional upon …
Take the Money and Run: An Ethical Dilemma
Sometimes a real estate agent will have confidential information. The ethical question is whether or not they can disclose that information to their client. Well, it all depends, sometimes “yes” …
Should You Get a Survey?
A very substantial error occurred in a real estate transaction. The purchaser was interested in buying a cottage property. As it turned out, the building which she thought she was …
Rules for Attendance at Buyer’s Visits
A good friend and colleague of mine, Barry Lebow posed the following questions. It is interesting to see how different agents handle these various issues. Set out below are my …
You cannot Evict Tenants from an Illegal Rooming House
Question: Here are the basic facts: a multi-family property, consisting of 12 units, with 4 of those units being operated by the current owner as “rooming house”, is being rented …