Question: What happens if the Listing Agent wishes to attend the Buyer’s home inspection? Answer: There is no right to the exclusive use of the property during an inspection. If …
Improvident Use of the Keys Prior to Closing
There’s actually a small risk on closing that Buyers and their Agents just might not know about. Possession on closing is allowed at the time the transaction is completed, but …
Late Change of Mind by Purchaser – Remedies
(Ontario) Question: House sells multiple offers! Winning offer over asking. Seller accepts offer conditional on inspection and financing. Good deposit. Home inspection reveals possible moisture issue in basement. Buyer looks …
Deposit is Irrelevant to Contract Formation in Ontario
The concept of a deposit is irrelevant to contract formation. It is just purely and simply another term in the contract. In fact, it’s not even a necessary term. There …
Deed Restrictions or Restrictive Covenants on Title
Question: Sometimes deed restrictions conflict with the zoning , that is, zoning permits a duplex and a restrictive covenant does not. If during the title search the lawyer discovers that, …
Defaulting Sellers and Commission Entitlement
Shortly before closing the Sellers have second thoughts. They never should have sold. They don’t want to move and they don’t want to find another place. They decide not to …
Court Interprets Grow House Clause
On 24 May 2018, the Ontario Court of Appeal released its decision in Beatty v. Wei related to the interpretation of the “grow house” clause in common usage in Ontario …
Counter Offer is Not Necessarily a Rejection
A person receiving an Offer may: Accept it, Reject it, Delay consideration until expiration. In most cases, in Ontario , a Counter-Offer is considered to be a “rejection”, unless it …
Contract Formation Time
Ontario Question: You take an offer of $145,000 to a seller who refuses the price but agrees to a sign back for $150,000, changes the sale price and initials it. …
Consideration vs. Signed under Seal
Question: What is the need for seals if we have consideration for a contract? Could you explain? Answer: Two people are just talking unless there is a contract. So, the …