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 …
What Do You Mean By “Business Days”?
Now that everyone is working “24/7”, the term “business days” seems to have lost its meaning. The strong preference today would be to eliminate that expression because it is so …
Ontario Superior Court Fails to Overrule Supreme Court of Canada
I would have thought that was fairly straightforward, but apparently not for a mother and son (the Browns) living near Sarnia, Ontario. Rather than simply accept the age old adage …
What About Designated Agency for Ontario?
Designated Agency was enacted in Nova Scotia effective 1 January 2017. Can Ontario be far behind? CBC Marketplace in 2016 did an expose about conflicts of interest in certain real …
Adding a Seller to an Agreement
This is much more unusual than adding a Buyer. But, it does happen on occasion. The Seller / Owner of the property didn’t sign the Agreement. This subsequently arises with …
Acceptance of Pre-emptive Offers (Ontario)
Question: “Seller Has The Right To Accept Any Pre-emptive Offer Without Any Notification” Would this be a violation of RECO’s interpretation of the Act and the Code disguised as seller’s …
What does Buyer’s Lawyer’s review and approval mean?
Question: What does Buyer’s Lawyer’s review and approval mean? Can the Buyer just simply change their mind and get their own lawyer to agree? Answer: This clause can be problematic. …
Who Repairs the Wall when Pictures are Removed?
In this situation we will assume an Agreement of Purchase and Sale which is silent on the point. The Seller had a “picture wall” in the front hall. It ran …