In 2007, the purchasers Adam and Olga Soboczynski bought a house in London, Ontario from Don and Louise Beauchamp. They had owned the house since 2001 and had not experienced …
Two Reasons for the Deposit
There are actually two basic reasons for a deposit in a real estate transaction: 1) to constitute security for payment, and 2) to establish a pre-estimate of the damages in …
Proper Completion of Confirmation of Acceptance
Since we know that there is a problem signing the current version of the Confirmation of Acceptance, how should the statement be handled? It looks like you have the following …
Lawyer’s Approval: What Clause to Use?
You have already decided to include in an Offer “subject to lawyer’s approval”, but what particular clause do you want? Case law seems to suggest that in Ontario, a general …
Lawyer’s Approval: Legal Terms, Business Terms, or Both?
In a number of cases, a clause will be included in an Offer “subject to lawyer’s approval”. But, just exactly what does that mean? The answer, unfortunately is far from …
Negligent Misrepresentations and the Law
In Ontario, there are two bodies of law which must be considered in respect to misrepresentations: contract and tort. Contract If the misrepresentation is serious enough, then the victim may …
Missing Initials on the Agreement
You have just received a 15 page Agreement of Purchase and Sale. You find that at the bottom of pages 9 and 12 the Seller forgot to initial the page. …
Is an Agreement Valid without a Witness?
A problem frequently arises in real estate transactions when people say they witness signatures, but they don’t. In Ontario, there are only three legal documents which require witnesses: 1) Domestic …
Joint Tenancy ~ a Poor Man’s Will
Question: I am concerned about my mother. Ten years ago, she married a man who now seems to be in ill health. He has operated his own business for over …
Joint Tenancy Does not offer Creditor Protection
By Brian Madigan LL.B. We looked at a case where a joint interest in a matrimonial home effectively thwarted bankruptcy. But, that was a peculiar case. In Re: Cameron, it …