The Ontario Court of Appeal considered the testimony of several real estate expert witnesses, all of whom indicated that the selling agent had fiduciary obligations to the vendor in a …
Agency Delegation in Ontario
Question: With respect to real estate brokerage in Ontario, which of the following statements best describes the delegation of an agent’s duties: a. The listing salesperson is not qualified to …
Estate Listings in Ontario
Question: If a client has inherited their parents’ home, and you are listing the home, how do you know the client is legally able sell to the home? Would lawyer …
Acknowledgement Section in Agreement of Purchase and Sale
(Ontario) Question: What is the main benefit of having the acknowledgment completed on the sale purchase agreement REEBA requires the acknowledgment to be completed No, this is not the case, …
Uniqueness of a Property Qualifying for the Equitable Remedy of “Specific Performance”
The leading case on Specific Performance is Semelhago v. Paramadevan, [1996] 2 SCR 415. A property needed to be unique in order for it to qualify. Here’s what Mr. Justice …
Uniqueness: Both a Subjective and Objective Test for Specific Performance
The Superior Court of Justice on a motion to grant Summary Judgment looked at the material filed in order to determine whether an Order for Specific Performance would be granted …
True Condition Precedent: A Notice of Fulfillment is Not Required
The Ontario Court of Appeal recently looked at a case involving a True Condition Precedent in THMR Development Inc. v. 1440254 Ontario Ltd., 28 November 2018. The purchaser, THMR Development …
Signing the Confirmation of Acceptance
Ontario Question: Husband and wife are accepting buyer’s offer. After husband finished signing he passed on the offer documents over to his wife for signing. Who signs the confirmation of …
Signing Back an Offer and Accepting it too!
Question: I am acting for the Seller and we received a fairly good Offer, open until midnight. We actually signed it back at 8:00 pm, and afterwards my Seller had …
Adding a Buyer to an Agreement
There are several ways to handle this. An entirely new Offer works well, however, in a declining market the Buyers may just choose to bail. So, draft an Amendment and …