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 …
Rejecting the Waiver: Is that Allowed?
Increasingly, Listing Agents are complaining about receiving Waivers rather than Notices of Fulfillment. They want the “NOF”. They resent receiving the Waiver. They say that the Buyer’s Agent should “go …
Seller Lacks Funds to Pay Co-operating Brokerage
(Ontario) Question: The Seller cannot pay commission on the transaction. How does the buyer agent get paid? Do they sue the selling brokerage? Answer: This situation actually arises quite frequently, …
Is a Back-Up Offer to a Conditional Agreement a “Competing Offer”?
Question: If there is a conditional offer on your listing from Buyer Agent A and it has been negotiated and it is in the conditional period with no escape and …
“More or Less” in the Legal Description: The Meaning
The Ontario Court of Appeal dealt with the issue of the determination of an 11 foot deficiency on a 172 foot depth in Bouskill v. Campea, 1976. Ms. Bouskill was …
Agency Questions
Concept of Agency Question: Which of the following statements describes the concept of agency? 1. an agent is a representative who is expected to have greater expertise than the principal …