(Ontario) Question: If a buyer has a buyer agency but the commission is crossed out and the holdover is crossed out then are they just liable until the end of …
Water Damage Clause
Question: [Warranty Clause question] Purchaser’s lawyer wants to change a warranty clause to the following: “The Seller represents and warrants that, to the best of the Seller’s knowledge, the premises …
Renter is a RECO Registrant: No Loss of Rights
(Ontario) Question: I have clients who bought a rented condo 2 years ago, we did not know that the seller’s real estate agent was the renter. The agent never disclosed …
Back Dating the Buyer’s Representation Agreement
(Ontario) Question: Can a BRA be back dated? For example, you date a Buyer Representation Agreement (BRA) as of Saturday. You then meet the clients and go over it. They …
Acceptance: The Exact Timing
Certainly, everyone wants to know that their Offer has been accepted, otherwise, there’s no contract. Signed, Sealed and DELIVERED It’s the delivered part which is the actual acceptance. So, when …
Relisting and Resale
(Ontario) Question: Can an agent relist a property on MLS without a signed mutual release for a previous deal? We were one day late with the deposit. Answer: If you …
No Delivering or Receiving Notices in Multiple Representation
Question: “When brokerage represents both the Seller and the Buyer (multiple representation) the brokerage is not entitled or authorized to be an agent for either the Buyer or the Seller …
Missing Dishwasher: Vendor Leaves Province
Question: If a built-in dishwasher, which would be classified as a fixture, was removed, and it was in the agreement, but the sellers moved out of the Province, who is …
Forfeiture of Deposit: Is 12.5% too large?
The size of a deposit and whether it should be relieved from forfeiture was the subject of a recent decision in the Ontario Superior Court of Justice in Greco v. …
Use of “As Is” in a Real Estate Contract
(Ontario) Question: Why would an agent insist that one insert a clause that says “Buyer acknowledges the home is being bought in as-is condition”. We know the condition…risks etc… have …