Once you buy a property are you allowed to have another look? Now, once you own it, you can look at it all you like, but by that time it …
What about a Prior BRA?
Question: I am working with Clients and the husband just mentioned that a Realtor gave him a paper not that long time ago and that the husband signed it, not …
Valid Listing Contract or Not?
Question: Seller signs listing with signature date of August the 5th with commencement date of August 10th for MLS. Seller now decides that he doesn’t want to list it. Is …
Revoking Offers Prior to Acceptance
Can an Offer be Revoked? This seems to be a question that arises rather frequently. Let’s have a look at some of the issues. Question: Consider the following scenario. A …
Right of Inspection Prior to Closing
The Ontario case that is quoted frequently is the 1979 case of Harkness v. Cooney. After it was pronounced most lawyers accepted the fact that there was a common law …
Lawyer’s Approval: Must be Exercised in “Good Faith”
Legal Terms or Business Terms? You will often see a clause in an Offer as follows: “subject to lawyer’s approval”. But, just exactly what does that mean? The answer, unfortunately …
Is a Deposit a Requirement for a Valid Contract?
Question: Is a Deposit a Requirement for a Valid Contract? Answer: A valid contract in Ontario requires either: 1) consideration, or 2) a seal. All standard form OREA contracts are …
Confirmation of Acceptance and Who Signs
The purpose of the Confirmation of Acceptance (COA) is to set the clock running. It’s not a document which exists in many jurisdictions, but it is used in Ontario. The …
Execution of the Mutual Release in Real Estate Transactions
The issue presents itself with every failed transaction. Sign the Mutual Release, give the Buyer his deposit and move on. But, is that really the best idea? In a number …
Does a Proposed Amendment Allow the Seller to Accept other Offers?
This is an interesting question. First, without the Buyer doing anything, the Seller can always entertain and accept a “back-up Offer”. So, this one is only a “go” if the …