The referring agent runs the risk of liability whether they are paid or not. They should make it quite clear that: 1) they believe the new agent is competent in …
What Happened to Caveat Emptor?
For centuries, real estate transactions have been sold under the caveat emptor doctrine, that is: “Let the Buyer Beware”. More recently, this was upheld by the Supreme Court of Canada …
Fence and Boundary
Question: Seller puts in Schedule B that the Buyers (who I would be representing) are aware that the neighbour’s fence on the SE (south east) property side does not encompass …
Withholding Money for Non Residents
Question: I am acting for a Seller who has now become a Non Resident. It is a principal residence, so, no capital gains will apply. How do I do calculate …
Dishwashers – Mention Them in the Agreement
Question: Is a built-in dishwasher included in the deal, if nothing is said? Answer: If it is built-in and therefore a fixture, and if the agreement was silent, it is …
Disclosure of Referral Fee Arrangement in Multiples
Assume Bob the real estate agent meets Bill a Buyer at a Open House. He doesn’t want to take Bill on as a client, since that will be a conflict …
Deposits in Conditional Deals
Question: No deposit delivered on conditional deal. Does the buyer need a mutual release? I am certain the Seller does not plan to resell, and also the fact that the …
Caveat Emptor Modified
While Buyers may seek to include a clause to ensure that caveat emptor doesn’t apply to the chattels and fixtures, in a signback, the Seller may attempt to reinstate the …
Picture Hook Removal Damage
Question: I am the Listing agent and have a closing coming up. The buyers asked that the sellers filled every hole from photos/art/mirrors etc. and repainted the spots. We removed …
Wire Transfers work at this Time
The traditional “bank draft” or “certified cheque” has been the mainstay of the real estate industry for deposits, and for lawyers completing closings. Right now, it’s problematic. Someone has to: …