A person must have the capacity to contract in order for the contract to be legally binding upon them. Essentially, it doesn’t mean anything more than “having their wits about …
Agreements: Residential and Commercial FORMS
(Ontario) Question: What are the differences between Form 100 (residential) and Form 500 (Commercial). Answer: Look at Clause 7 which deals with the HST. In Form 100, it’s included in …
A Few Issues with Published Statements Concerning Conditions
(Ontario) There may be a few problems with the published statements posed below in italics: Condition Subsequent- Contract is binding from start. If condition is not met eg. house inspection …
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 …
Just Because the Basement Leaks Doesn’t Mean that You Can Sue
Jalin Thomas purchased a property in Kitchener, Ontario from Alma Raynard. Following the closing, it turned out that the basement leaked. Thomas advanced several theories for the recovery of damages: …
“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 …