Offers, Acceptance and the Irrevocable Period Sometimes these matters become confusing, but, they really shouldn’t be. After all, the law now is much the same as it was 400 years …
Materiality ~ The Fundamental Principles
The issue of “materiality was recently considered by the Supreme Court of Canada in Sharbern Holding Inc. v. Vancouver Airport Centre Ltd. (2011). The important aspects of the test for materiality …
Informed Consent Form for SPIS (OREA 225)
The real estate associations throughout North American were concerned about the issue of consumer protection. If the seller failed to disclose a defect or actively misled a buyer, real estate …
Can You Switch out the Appliances?
Question The Agreement of Purchase and Sale, stated: “All existing appliances including…” and then enumerated the various appliances. The sellers have changed out the stainless steel dishwasher for an older …
Holdback On Closing?
Question: I bought a condo and a day before the closing, I found out that the washing machine is not working. Can I request my lawyer to holdback funds, like …
Rental Furnace and Right of Removal
Question: I bought a house and the Listing stated that the furnace was a rental and would be paid out on closing. Naturally, I did not assume the furnace in …
Rental Contract Assumption: Agent Liability
Question: My hot water tank was a rental and I wanted it to be assumed by the Buyer. It was mentioned in the Listing as a rental item. However, now …
Liability For False Statement about Flooding
The case of Costa v. Wimalasekera was an action in Small Claims Court in Erin, near Orangeville Ontario in 2012. The case was appealed to the Divisional Court which held …
Uniqueness: When it comes to Subdivision Home
When is a subdivision home unique? A Court recently looked at this and concluded: Uniqueness must take into account: all the surrounding circumstances, including the purchaser’s “wish list”, the market …
Furnace Rentals and the Sale of Property
We could have a problem here! Potential problems arise in respect to the mutual understanding of the parties and the manner in which the rental issue is documented. The Furnace …