Question So, here’s a problem. You are a real estate agent and you act for a buyer. You recommend a home inspection. Everything goes well and the deal closes. Then, …
Ontario Court of Appeal and the Seller Property Information Statement
So, what does the Ontario Court of Appeal think about the Seller Property Information Statement drafted by OREA and commonly used in many transactions? Let’s have a look at the …
SPIS ~ Reasonableness is the Test not Honesty
So, what is more important: reasonableness or honesty? Recently, the Ontario Court of Appeal determined that in completing a Seller Property Information Statement, that reasonableness was important. Honesty was expected, …
SPIS Wording No Defence for Agents
Frequently it is believed that the wording in a document governs the relationship between the parties. That’s an argument made by many industry professionals in respect to the completion of …
Imposition of Liability upon Sales Representative and Sellers in Real Estate Transaction
Here’s a quick review of the facts in the Krawchuk and Scherbak case: Facts The sellers knew that: •· the foundation of the house was seriously compromised and •· there …
Inadequate Disclosure: Sellers and Brokerage both Liable to Buyer
The sellers, Scherbaks knew that there were some problems with the foundation. The real estate sales representative, Wendy Weddell knew that too, but failed to pursue the issue on inquiry. …
Krawchuk v. Scherbak (2012)
This case reached the Supreme Court of Canada on 8 December 2012. Leave to appeal was denied. The Court therefore by implication endorsed the ruling of the Ontario Court of …
Hodgkinson v. Simms (1994)
The case of Hodgkinson v. Simms (1994) in the Supreme Court of Canada is the landmark case on this subject of Fiduciary Duties and Obligations in Canada. The facts are …
Five Leading Supreme Court of Canada Cases
These are the basic topics under consideration: Disclosure Agency Liability The Court The Supreme Court of Canada in Ottawa is the final court of appeal for all cases, from all …
Execution of the Spousal Consent
Agreements of Purchase and Sale in Ontario contemplate the need for the execution of the Spousal Consent. Most married couples will own their matrimonial home in joint tenancy. In such …