Question: 1) is there an issue to have both sign ? 2) in this day and age of electronic signatures, must you route and order the signatures to only have …
What You See is What You Get in Real Estate
Many people would think that what’s in an Agreement of Purchase and Sale would govern. Apparently, not! It’s what is visible and what a prospective purchaser would think was part …
Square Footage: It Depends Who is Counting
It’s mathematics, it’s just numbers, it’s not complicated. The Canadian Real Estate Encyclopedia which is applicable in all Provinces except Quebec set out the formula. MPAC adopted that exact same …
Spousal Consent and the Pre-nuptial Agreement
Ontario The issue of spousal consent arises frequently. The law has its basis in the Family Law Act. There are certain “rights” that are afforded to a spouse in respect …
Misguided Discipline Decision Thwarts Fiduciary Duties and Contract Law
A rather interesting Discipline Decision was recently released by RECO. Obviously, the Regulator wants everyone to “play nice in the sandbox”, after all we are “Canadians”. The only problem is …
Disclosed Kitec Plumbing is not a Reason to Permit Buyer to Walk
The Divisional Court of Ontario just considered a Kitec Plumbing issue in a condominium. In fact, it was disclosed. It was also identified in the contract and subsequently it was …
Material Facts Checklist
Ontario Many agents in simply believe that there isn’t one at all. That’s not true. It’s Form 820 entitled “Residential Information Checklist”. There are also some additional Schedules set out …
Gas Well on Property
Question:What about representing a buyer on a rural listing with an owned gas well on the property? The Listing agent says it is owned and seller doesn’t sell any of …
Disclosure of Buyer’s Inspection Information
Question: Your listing falls apart on inspections (home, septic and well) and the buyer’s agent sends you a list of the issues at your request. It’s a long list worth …
Problem with a Late Deposit on Back-Up Offer
Ontario Question: First: My listing, the property is conditional (different buyer agent) on SBP (sale of the buyer’s property) with 48 hour escape clause. Second offer (not mine) comes in …