(Ontario) Question: Who signs the Confirmation of Acceptance in the event of a counter offer by the Seller that is accepted by the Buyer? (the buyer or the seller)? For …
Classification of Contractual Provisions
There are three types of terms in an agreement: conditions, warranties, and representations. With conditions, the remedy is that the agreement becomes null and void ab initio (from the beginning). They are “deal …
The “Right” to Inspect Before Closing
Chaston v. Este Is there an opportunity to view the property before closing? After all, real estate contracts are executor contracts. The property transaction might close months after the deal …
Buyer In Default Resurfaces
Question: So confirmation of acceptance is signed. Both parties complete acknowledgement. Buyer does not deliver deposit. Buyer is in breach of contract. Seller doesn’t sign mutual release. Seller relists home, …
The Non-Refundable Deposit Issue
Securing the Deal for the Vendor There are many situations where a Vendor would like to ensure that the Buyer brings a good deposit to the table and as time …
Title for Joint Venturers
Question: If I know 2 unrelated people that agree to combine their resources to buy property ie a joint venture. What is the best way for them to do that …
Purchaser Moving into Tenanted Property
With all the issues related to eviction, occupation and vacant possession, consider this clause: “The Buyer agrees that they or their immediate family intend(s) to move into the property on …
The Legal Duty to Speak Up
The Supreme Court of Canada updated the law on honesty and good faith in contracts in Callow v. Zollinger released on 18 December 2020. This case is an expansion of …
Silence is No Longer Golden
Supreme Court Expands Upon Bhasin v. Hrynew The Supreme Court of Canada has had an opportunity to add to its decision in Bhasin v. Hrynew. A breach of the duty …
Seller Switches Out the Dishwasher
The Seller just recently bought a brand new upgraded dishwasher. It was there in the photographs when the pictures were taken for MLS. The Seller removes the new dishwasher and …