Civil Fraud Definition A statement made by a person: is fraud from a legal perspective. This definition does back to Derry v. Peek (1889 House of Lords, England). Any one …
Limit the Liability on the Purchaser
We previously looked at a very straightforward situation. The husband and wife are trade up Buyers. They wish to sell their $1 million dollar property and buy a $2 million …
Limit Liability for Husband and Wife as Buyers
We have a very straightforward situation. The husband and wife are trade up Buyers. They wish to sell their $1 million dollar property and buy a $2 million dollar property. …
Novation of an Agreement
So many times real estate agents ask whether you can revive a dead Offer. The answer is simple “no”. And, that’s all there is to it. The Offer that became …
An Emoji Can be a Signature
Basically, we are now back to the days of hieroglyphics when documents would be etched in stone or cave man days when a picture on the wall would tell a …
Anticipatory Breach: Advantages to Buyer
The Buyer and the Seller enter into an Agreement on 1 April to convey the property for $1,200,000.00 to the Buyer closing on 30 August. Later in the month of …
Rural Property Checklist
If you are a real estate agent and you are submitting an Offer on a Rural Property, there are a number of basic due diligence steps that you will have …
Waiver of Stacked Conditions
If you chose to include several conditions stacked in one clause, that clause might appear as follows: “This Offer is conditional upon: The next step is moving towards an “unconditional …
You Still Need to Prove Damages (Callow v. Zollinger considered)
In Callow v. Zollinger 18 December 2021, the Supreme Court of Canada expanded the duty of good faith, honest performance in Bhasin v. Hrynew. The Ontario Court of Appeal just …
Listing Cancellation and the Holdover Provision
Question: I have a potential client who wants to list their home with me. They had their home listed with another brokerage with a listing period of Sept 2022 to …