In 2280570 Ontario Inc. v. Vrisakis, 2017 ONSC 4513 the plaintiff entered into an agreement of purchase and sale with the defendant for the sale of a property. The defendant …
Mareva Injunctions: Cases
In Ontario, there are a couple of noteworthy cases. Azzarello v. Shawqi, 2015 ONSC 6914: In this case, the Ontario Superior Court of Justice granted a Mareva injunction to the …
Mareva Injunctions: A Powerful Tool for Protecting Real Estate Deals
Real estate transactions involve significant investments and complex negotiations. Buyers and Sellers alike are always on the lookout for effective measures to safeguard their interests during the deal-making process. One …
Pre-emptive Offers and Notification
Question: If on a listing, the Listing Agent has mentioned that they are taking offers on X date and time but Sellers have the right to take/review any preemptive offers. …
Unassumed Rental Contract
Question: If a purchaser agrees to assume the hot water tank in the Agreement of Purchase and Sale, however no contract was provided or shared from the Seller, what is …
Water Leakage and Subsequent Damage after Closing
Question: Buyer buys property in April 2022, firm , no inspection is done, no Form 127 is executed. The basement had a leak which they were told by their own …
Conditions: Correct Procedure for Informed Consent
Question: I have heard different opinions on this way of adding or not adding conditions in an offer. Write them in on schedule A and have client strike out the …
Adding a Party: The Wrong Way
Question: Interesting clause, any issues? “The seller agrees to allow the buyer to add or remove one or more names as buyer to this transaction through an amendment to the …
Automatic Release of Deposit Clause
Question: This is a Clause contained in a Schedule B to be added to the Agreement of Purchase and Sale. Is it enforceable etc? RELEASE OF DEPOSIT: Once this Agreement …
Dishwasher: A Little on the Loud Side
Question: The house has been sold firm and there is no inspection condition. On the final walk thru the buyers start the dishwasher and now saying “it’s making a loud …