Conclusion to an Agreement

(Ontario) Question: If the buyer wants to terminate/void/avoid an agreement, what are the differences, if any, among these 3 words? Answer: If you are looking to bring a conclusion to …

Agency Express and Implied

Question: Could you explain the difference between express and implied agency? Answer: You are concerned about the express and implied agency arrangements. For express agency, there’s always an actual “agency …

“Affidavit” Meaning

(Ontario) The latin term “affidavit” is a very common term used in law. Translated, it means “he who has declared upon oath”. The meaning is rather specific. It refers to a document …

Postponement Privilege

(Ontario) Question: I could not understand the Postponement Privilege .   Answer: Someone advances a second mortgage. It’s supposed to be in second position. This particular privilege permits the Owner to refinance …

Rejecting the Waiver: Is that Allowed?

Increasingly, Listing Agents are complaining about receiving Waivers rather than Notices of Fulfillment. They want the “NOF”. They resent receiving the Waiver. They say that the Buyer’s Agent should “go …

Leaky Shower Discovered after Closing

(Ontario) Question: Following the closing, my Buyers discovered that the shower on the second floor was leaking. When they saw the property before they submitted an Offer, they liked the …

3 Reasons for the Deposit

The deposit is not consideration in a transaction. It’s not like the nominal “$2.00 and other good and valuable consideration that is used for a Transfer”. The Deposit is designed …