There is a recent new Form which has been published by OREA, (the Ontario Real Estate Association). It is Form 127, described as an: “Acknowledgement Re: Condition(s) in Offer” In …
Agent Enters House without Permission ~ Penalty
The Real Estate Council of Ontario (RECO) considered the case of entry into a house without permission. The Criminal Code covers the same topic, and it’s called “breaking and entering”. …
Failure to Cancel Listing ~ Agent Discipline
The Real Estate Council of Ontario (RECO) had to deal with the issue of the cancellation of a listing agreement. The agent apparently indicated that the listing agreement could be …
Informed Consent for Real Estate Professionals
Gradually, the doctrine of “informed consent” is working its way into the real estate field. First, it took hold in the field of medical malpractice and professional liability. Now, it …
Recommending Contractors Without Fear
A common situation for real estate agents is recommending contractors. No matter who you are, many people seem to look to real estate agents as the “go to people” for …
Can You Do an End Run Around the Agent?
From time to time, a seller will think that the agent didn’t really earn their commission. It may be that a neighbour or friend approaches them after they have …
Proper Completion of Confirmation of Acceptance
Since we know that there is a problem signing the current version of the Confirmation of Acceptance, how should the statement be handled? It looks like you have the following …
Lawyer’s Approval: What Clause to Use?
You have already decided to include in an Offer “subject to lawyer’s approval”, but what particular clause do you want? Case law seems to suggest that in Ontario, a general …
Lawyer’s Approval: Legal Terms, Business Terms, or Both?
In a number of cases, a clause will be included in an Offer “subject to lawyer’s approval”. But, just exactly what does that mean? The answer, unfortunately is far from …
Defects in Real Property and Related Disclosure Issues
The question relating to the obligation to disclose is one which arises constantly, and applies to every real estate sale. What are the disclosure obligations? The matter of patent and …