There is an opportunity under the new TRESA Legislation to share the contents of various competing offers if the Seller wishes to do so. Some Buyers may be opposed to …
Notices Patch
There are several choices to use something short and simple. Here’s the standard provision: “NOTICES: The Seller hereby appoints the Listing Brokerage as agent for the Seller for the purpose …
Communication Delegation
John Smith is a Buyer and he wants to buy Mary Jones’ house. He has an agent Bill Brown who works for ABC Brokerage. Mary also has an agent, Wilma …
Agent’s Negligence: No Contract
We have recently been discussing Form 100 and the fact that it has not been updated to include Designated Representation since TRESA. That’s been the case for over a year, …
Buyers: Avoid Affirmation of the Contract
Upon the assumption that you are a Buyer with Buyer’s remorse and you need a couple of days to figure things out, then you will certainly have to avoid doing …
Want to Weasel out of a Deal?
The practice of real estate has changed. It used to be impossible to weasel out of real estate deal. In fact, the Bhasin v. Hrynew case on 14 November 2014 …
Acceptance By TEXT: Permitted, if You Make Changes
You are not allowed to provide Notices by Text Message in accordance with The Standard OREA Agreement of Purchase and Sale Form Let’s have look at the Notices paragraph in …
Acceptance By TEXT: Not Permitted
Let’s have look at the Notices paragraph in the Agreement of Purchase and Sale Standard Form (100). Here’s an outline of what is contained: “NOTICES: The Seller hereby appoints the …
Agreement of Purchase and Sale: Patch the Notices Section
This is the provision in the OREA standard form Agreement of Purchase and Sale concerning “Notices”: 3. NOTICES: The Seller hereby appoints the Listing Brokerage as agent for the Seller …
Confirmation of Cooperation and Representation: Could it be used as a Patch?
No Deal: no acceptance This question is directed to the failure to authorize Designated Representatives to give and receive various Documents under the standard form Agreement of Purchase and Sale. …