(Ontario) Question: If an offer goes back and forth a copy of times and in the final sign back there are changes in price and chattels, what happens to the …
Non-Resident Witholding Tax: Tenant’s Obligations
(Ontario) Question: How do you handle the tax witholding provision for non-resident landlords? It’s located in Paragraph 16 of the Form 400 Agreement to Lease. Answer: The Tenant is obligated …
Absolute Discretion Clause in Ontario after Bhasin
Numerous clauses will state “…the Buyer’s sole and absolute and unfettered discretion…”. The difficulty with the clause as it stands is that it may easily give the novice or the …
Homeowner Sues Agent Because Commission is too Small
While this doesn’t actually sound right, it’s true! Bill was trying to sell his house. He entered into a Listing Agreement with Bob. Bill would pay Bob’s Brokerage 5% on …
Confidentiality and the Unsuccessful Listing “Pitch”
(Ontario) Question: If something comes up in a listing presentation, does the unsuccessful agent have to maintain silence? Answer: They made the pitch for agency. Fiduciary duties apply. They were …
Can You Sue for Misrepresentation After Closing?
Titles When Does the Real Estate Deal Get Done? Completion of the Real Estate Deal Recission of a Real Estate Contract for Misrepresentation Can You Sue for Misrepresentation After Closing? …
Merger Survivorship Wording
(Ontario) Consider the following clause: “The Seller represents and warrants to the best of his knowledge and belief that the swimming pool and equipment are now, and on the completion …
Referrals Carry Responsibility and Liability
The Supreme Court of Canada examined the role of a lawyer in a referral of a financial advisor to a client. You probably already suspect the problem. The financial advisor …
Buyer’s Last Visit to Property Before Closing
Inspection Clauses What happens on the Buyer’s last visit prior to closing? Frequently, not very much. It seems that everyone has their own ideas as to what might or should …
Schedule “B” Missteps (Upon Acceptance)
Schedule B is an extra schedule of terms and provisions included in an Agreement of Purchase and Sale by a Listing Brokerage. It’s not mandatory. A Listing Brokerage will often …