By Brian Madigan LL.B. Do you have to warn buyers about noisy neighbours? Actually, it depends upon where you live. If you live in Ontario, you can keep this to …
Land Transfer Tax Pre-Payment Avoids Disclosure of Purchase Price
The procedure is simple, the day before closing the Transfer, together with the Land Transfer Tax Affidavit are taken to the Ministry of Revenue. The tax is then calculated and …
Execution of the Confirmation of Co-operation and Representation for Multiple Representation
Question: How does the buyer’s agent properly sign the confirmation of co-op and agent sections on the offer in multiple representation (when the listing agent is a different agent from …
Offer Solicitations
Sometimes agents are looking for a standard procedure associated with the handling of Offers. Here’s is a letter of invitation soliciting Offers and anticipating one round. Here’s an example: My …
Lawyer’s Approval Clauses
Question: I might be inclined to look at a Buyer’s condition drafted as a condition subsequent because it involves less paperwork. Answer: Here are two clauses They are slightly different …
Inspection Condition and Leverage
Scenario: Seller accepts buyers offer which is conditional upon an inspection (with right to remedy clause). Buyer agent states to the Listing agent the condition is satisfied but would like …
Buyer’s Agent Says they are Waiving their Commission
Question: An agent contacts you that they are bringing in an offer on your Listing, but waiving their commission. Do you disclose to the other agents who are presenting Offers? …
Compensating the Rural Property Listing Agent for Showings
There are several issues which arise in this situation. The problem is commonplace. A property is listed “out in the country” by a rural based agent. It might be a …
A Buyer’s Swimming Pool Clause for Late Winter
A difficulty arises in the Winter, after the pool is closed and before it is opened in the Spring. If there’s ever going to be some damage, it’s likely to …
Buyer Sues Real Estate Agent for Misrepresentation
This is an interesting case. It raises a number of important issues. This was a claim brought in Small Claims Court in Brockville by a homeowner who had purchased a …