If you are planning on any renovations or you are building a new home, then you need to know about the Construction Act. First, there is a lien which can be …
Chattels are Sold “as is” without a Warranty Clause
Question: The buyer’s agent did not include a chattels and fixtures warranty clause. If something broke between now and closing, like an appliance or air conditioner, for example, does the …
Accept whatever Deficiencies Show Up
Question: I am trying to strike a balance between “good working order no matter what” and keeping a buyer honest who learns about a deficiency during an inspection, keeps quiet …
The “Dock” Dispute
Neighbours of waterfront properties on Lake Simcoe fought for years over a dock. Finally, the Ontario Court of Appeal ordered the removal of a dock, punitive damages of $100,000, and …
Seller Switches Out the Dishwasher
The Seller just recently bought a brand new upgraded dishwasher. It was there in the photographs when the pictures were taken for MLS. The Seller removes the new dishwasher and …
Water Softener No Contract
Question: My client, the Owner just found out the Tenant has permitted a water softener to be installed upon the premises and has agreed to make the necessary arrangements to …
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 …
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 …
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 …
Warranties and the Doctrine of Merger
We looked at Warranties and the doctrine of merger. The Robinson v. Hobbs-Lingard case in 2015 highlighted several issues. It was heard in the Small Claims Court in Milton on …