3. NOTICES: The Seller hereby appoints the Listing Brokerage as agent for the Seller for the purpose of giving and receiving notices pursuant to this Agreement. Where a Brokerage (Buyer’s …
Lot Falls Short of “more or less”: Deposit Returned
The Ontario Court of Appeal released a decision about a deposit on 12 December 2018 in Hosseinzadeh v. Pringle. The case is rather straightforward. The parties were troubled over the …
Caution: Using a Notice of Fulfillment for an Inspection Condition
Sometimes Buyers will use the Notice of Fulfillment to remove the inspection condition. Here’s how that provision, as annotated usually reads: Inspection: Actual Condition This Offer is conditional upon the …
Agent Convicted for “Signing” on Behalf of Client
This is a very serious offence. In this case, a deal fell apart, and the Agent involved actually signed the Mutual Release on behalf of his Buyer client. The Buyer …
Agency Express and Implied
Question: Could you explain the difference between express and implied agency? Answer: You are concerned about the express and implied agency arrangements. For express agency, there’s always an actual “agency …
Just Because the Basement Leaks Doesn’t Mean that You Can Sue
Jalin Thomas purchased a property in Kitchener, Ontario from Alma Raynard. Following the closing, it turned out that the basement leaked. Thomas advanced several theories for the recovery of damages: …
Liability for an Unexpected Trip and Fall
Question: Your current sellers go to an open house (without you). They go to the basement and the husband trips down the stairs – misses three stairs and blows out …
Contamination or Not: You Bought it, You’re Stuck
The Purchaser acquired a property in Etobicoke which was zoned and used for industrial purposes. The purchaser, in fact, owned a property nearby, so he was quite familiar with the …
Multiple Representation with Two Buyers
(Ontario) Question: You have 2 buyers who want to put an offer on the same property. It is another brokerage’s listing. The buyer agent has to tell both of his …
The Complications of the Second Client
The timing issue comes into play, when you have two parties both under contract at the same time. If you get a Listing for Sam’s property, you can show it …