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 …
Sub-Agency
Sub-Agency still needs to be explained In large measure, sub-agency has come and gone. It exists only in rare situations. You have to go back to the early 1990’s and …
The Basic Principles Behind “Materiality”
The issue of “materiality was recently considered by the Supreme Court of Canada in Sharbern Holding Inc. v. Vancouver Airport Centre Ltd. (2011). This is the definition at common law. …
The Role of a Business Broker
By Brian Madigan LL.B. A business broker is regulated in Ontario under the same legislation that applies to real estate agents, namely the Real Estate and Business Brokers Act, 2002. …