Real Estate Contracts: Right of Assignment

The peculiar aspect of executory contracts has a significant effect on the basic common law doctrine. Ordinarily, contracts are assignable by the buyer without the seller’s consent. However, that general …

Matrimonial Home Designations in Ontario

Properties that qualify as matrimonial homes should ordinarily be presumed to be such unless there is good evidence to the contrary. Although it occurs infrequently, questions often arise about matrimonial …

Fire Damage: Buyer’s Options

What happens if the house burns down before closing? Obviously, this leaves both the seller and the buyer in a quandary in terms of completion. So, assuming that there has …

Unpaid Deposits and the Contract

What happens if the purchaser doesn’t pay the deposit? Can the vendor get out of the deal? Can the vendor simply sell the property to someone else? The Courts look …

Irrevocable Clause ~ Improper Use

The irrevocable clause in an agreement of purchase and sale is simply the time limit imposed upon the other party to respond. The major criticisms of realtors concerning the use …