This particular paragraph is a little bit confusing so we’re going to have to pick it apart line by line. However, before we do, you have to understand that there …
Reducing the Buyers from 2 to 1
Question: I am acting for the Seller in a conditional deal with two Buyers: (1) Is it ok remove one Buyer via amendment while the offer is still conditional and …
Supreme Court of Canada endorses Good Faith and Honesty
The Supreme Court of Canada changed every contract in Canada. Now, all contracts include: 1) an obligation of good faith contractual performance, and2) a duty to act honestly in the …
Seller wants to Close but Stay in Possession for Two Weeks
Question: For a variety of reasons we have a situation where the Seller needs to close on the house sale, so that they can purchase their smaller property. Neither have …
Irrevocability Clause –Ambiguity Resolution
One of the very basic steps in the Offer/Acceptance interplay is the irrevocability provision. One would expect absolute certainty here, but do we actually have it? Irrevocability Provision This is …
Initialling Changes on an Agreement of Purchase and Sale
As simple as it may seem, in practice, there is something of a difficulty when it comes to initialling changes to an Agreement of Purchase and Sale. Reasons There are …
Interpretation of Initials on Contracts and the Potential for Confusion
The standard form OREA Agreement of Purchase and Sale requires initials to be placed on every page for the purposes of acknowledgment except the actual signing page. The difficulty is …
Interesting SPIS Representation Clause
There is a clause that some Buyers representatives seek to include in an Agreement of Purchase and Sale. At first, it seems somewhat innocuous, but on further reading, should you …
Riparian Rights and Locating the Evidence (Ontario)
Question: The survey shows the property line is at water’s edge. The Land Registry shows the line ends there too. The City says there aren’t riparian rights The listing agent …
Specific Performance as a Remedy in Ontario
Question: I am representing the buyers in a deal that is firm and set to close in a few weeks. The Listing Agent says her client wants to back out …