Fergus Bloor (the Buyer) submitted a deposit in the amount of $350,000.00 on a $7 million purchase. That amounted to 5% of the purchase price. Cushman & Wakefield ULC, (“Cushman”) …
EPRF Holdings v. Fergus Bloor
This is an important case before the Ontario Superior Court. The matter was appealed and the Ontario Court of Appeal upheld the decision of the Motions Court Judge. The decision …
Permits Going to the Root of Title
This is an interesting case, recently released by the Ontario Court of Appeal covering several important issues related to building permits, title objections, title insurance and matters going to the …
Home Inspection Clause Revisions
Sometimes, the Buyer will attempt to use a Home Inspection clause as a right to back out of the deal. So, it might be wise to add the following: “Should …
Outstanding Encumbrances
The standard form OREA Agreement of Purchase and Sale covers institutional mortgages. However, oftentimes there are other liens etc. which should be handled in the same way. The following clause …
Last Minute Liens: Remedies
Question: Our clients successfully closed on the sale of their home today, but unfortunately, their purchase could not go through due to serious issues with the seller’s property. It appears …
Damaged Property: Close and Sue Afterwards
I represent the buyers who purchased a property in early August. We completed a walkthrough on Friday. There was visible damage to the entry to the second floor bathroom. The …
As Is Properties and TRESA
Question: What about a listing of a property that says “AS IS”, are you still required to provide information pertaining to any defects on the property? Answer: All properties are …
Final Inspections and Refusals
Question: Do you always book a “final” walk through with your clients right before closing? If so, how close to closing date? Answer: Generally, the evening before, or even the …
Inspection Condition Clause Updated
This is the standard OREA Inspection Condition clause: “This Offer is conditional upon the inspection of the subject property by a home inspector at the Buyer’s expense, and the obtaining …