There can be some unexpected responsibilities with multiple representation. Let’s go through an interesting situation. Bob Jones is a Listing agent, and he is selling Seller Sam’s property. Mary Brown …
Employees and Sale of Business
If you buy a business and continue the employment of some of those who worked for the Seller, then, you have taken them over with their outstanding employment history. For …
True Copy of Agreement
From time to time, the issue of a “true copy’ of an agreement comes up. Just what is it? Let’s assume that we are dealing with hard copies of an …
Pay Double for the Furnace: Rent it!
Many people are looking for a bargain when they shop. Hence, we have Walmart and Costco. But, nobody likes to read the fine print. So, when it comes to getting …
Assignments without Developer’s Consent
Question: I am acting on behalf of a Buyer who really needs to sell their pre-construction condo. The Developer will not consent. What can they do? Answer: You can assign …
Zero Impact Schedule “B”
Everyone loves Schedule “B’s”. They are always filled with insight and inspiration! Let’s have a look at this one: The Buyer acknowledges that the property is being sold “as is …
NOF not Required if No Condition
Some seller clients had asked me recently about the fulfillment of conditions form 124. They had emailed me lots of documents which were required to satisfy a condition of purchase. …
Deposit: Automatic Forfeiture Clause in Schedule “B”
Question: I am acting for a Buyer and saw the below clause in Schedule B. “The Buyer hereby agrees that if the Buyer does not complete this transaction whether by …
Buyer Discovers Appliances are Missing on Closing
Washer and Dryer Missing on Closing Question: I acted for a Buyer client. It closed today. Buyer gets keys and washer/dryer are missing. I put the following in included Chattels …
Leased Heating Equipment: Chattel or Fixture?
The Ontario Court of Appeal quoted with approval a decision of the House of Lords (Melluish). In this case, a company leased plant and machinery (including central heating equipment) to …