An agent is not able to simply discount the interests of the public. A real estate agent has a general duty to act professionally and protect the public from mortgage …
Rural Risks: Water and Sewage
I thought that everyone knew this, that’s the reason why most people live in the City. Rural life has its charm, but there are always issues with both water supply …
The Missing Indemnity Clause
This is the case of the “missing” indemnity clause. You might think that there is an indemnity clause because the paragraph starts out with the word “indemnification”. But, naturally, that’s …
Gold (as Real Estate)
It is interesting that one of the best performing asset classes over a period of time has been gold. To some extent this is simply a reflection of economic instability, …
Possible Asbestos Issue
Question: A house that had 8 inch vinyl tiles and it was presumed to have contained Asbestos. Based on the time period, the house was built in the early 60’s. …
Cleaning the Unit before Sale
Question: Can anything be done if a Seller and their agent refuses to clean a unit before closing? Answer: Certainly, it would be very nice if the Seller cleaned up …
Water Seepage with Closing Approaching
Question: Seller calls and say that there is slight water seepage in their unit from another unit on upper floors just few weeks prior to closing. The damage “might” be …
Pursue Various Avenues for Financing
Question: Can a Mutual Release be sent before the deposit cheque is given in? Offer is conditional on mortgage financing. This is the day after acceptance and deposit cheque is …
Vendor Take Back Mortgages (Risks)
Question: I am a Listing agent and was I was asked about a Vendor –take-back mortgage (VTB) by a Buyer’s agent . Have t done one of those in eons. …
As is, where is”: The Supreme Court of Canada
The Supreme Court of Canada used the following language when discussing “as is, where is”. It applies at the time, unless you say otherwise. The Honourable Mr. Justice Dickson J. …