Question: The Seller enters into an agreement with a Buyer to convey the property which happens to be tenanted and provide “vacant possession”. The Tenant refuses to move and so …
Referral Fees Reconsidered
How would you respond to this? Old high school friend (haven’t seen him since grad 92!) asks for a referral to another area. I set him up. He interviews other …
Construction Industry – Fair Bidding System (Documents)
Owner / Architect The Owner employs an Architect to come up with plans to construct a building. Once satisfied with the final revisions, the project will “go out to tender”. …
Agent’s Negligence in the Selection of the Title Search Date
It seems unusual for a real estate agent to be selecting a title search date without speaking to the Client’s lawyer, yet, they do all the time. Rarely, if ever, …
Deposits and Defaulted Deals
Question: What happens if the buyer doesn’t show up with the Deposit. There were no conditions. The deposit was never, ever paid. Answer: I have been involved in hundreds of …
A System with Fair Rules (not in Ontario)
Should we bother having a system with fair rules? Right now, it’s rigged in favour of the Seller. So, who cares! Let’s just continue with it, the way it is. …
Waivers for Condition Precedent and Subsequent
Question: There can be no waiver with a condition precedent, but there can be a waiver with a condition subsequent is that right? Answer: No. This is not true, although …
What Happens if the Neighbour is Unduly Objectionable (Ontario)
Rescission Question: My clients just closed on a condominium apartment. The neighbour below is objectionable, noisy and complaining constantly about their noise. They just moved in recently. Answer: Assuming that …
RECO Disclosure: Lawsuits
Question: I am making an application to RECO for reinstatement. Do I have to disclose lawsuits or pending litigation? I am currently involved in a lawsuit with a former business …
Use a Lawyer Review Clause to Protect Your Buyer with Dementia
Question: Representing the Seller in a sale. Drafting offer for Buyers at their instruction with customer status. It’s come to light that one of the Buyers has early stage dementia. …