From time to time, this can be quite stressful for real estate agents. One spouse owns the house. Both spouses lived in it. They have broken up and they are …
Re-inspection Before Closing (Ontario)
Question: Does an executory contract give the right to re-inspect prior to closing? Even following the Harkness case, some lawyers do not think the case is decisive enough. Answer: There …
More Matrimonial Home Questions
The title is on the husband’s name. When signing the APS: 1. Is (are) seller’s name only husband or the husband and the wife? 2. If both of them signed, …
Furnace Liens in Ontario
Question: Would a XYZ furnace rental contract appear on the parcel register? Answer: The furnace on the truck on the driveway is a chattel. Once it’s taken downstairs and installed, …
Family Law Act and Matrimonial Home Questions
Questions: 1. If man owned a home before they got married, and then they got married, what does the wife sign on the Agreement of Purchase and Sale. Does she …
Estoppel and Ratification Examples
Estoppel Simple example: For years, I have had my secretary order and pick up a pizza. I pay when I’m in the next week. I can’t simply tell the restaurant …
Conditions and Firming Up
The Notice of Fulfillment (NOF), Waiver and Amendment will all work in firming up a deal. The Amendment is risky to use since it involves 2 parties, whereas the NOF …
Deposit: Yes, but without the INTEREST
We may have a potential dispute. The Buyer submits a 5% deposit, that is, $100,000.00 on a $2 million sale. The difficulty is that there is a dispute between the …
Clawback: Cooperating Commission Clawback
What is the relationship between the Listing agent and some consumer who attends at an Open House? The offer of the co-operating commission is an MLS issue. Fundamentally, it has …
Commission Clawbacks
In relation to Clawbacks in listings “1% reduction for properties show to buyer by listing agent…..”. Here’s RECO’s view. “Dear Mr. XYZ: On behalf of the Real Estate Council of …