Question: Can you simply accept an old expired Offer to get things going again? That is, place new dates on it? Answer: The correct documents are, of course, a brand …
Counter Offer ~ Difficulties with Standard Form
When considering the number of standard forms in use in Ontario as prepared by the Ontario Real Estate Association, there are going to be a few with some issues. Let’s …
New Funds for an Extended Closing Date
From time to time, the Seller agrees to extend the closing provided the Buyer agrees to pay an additional deposit. But, this time, the Seller keeps it if the deal …
Use the Correct “legal name”
You should really be using the person’s correct legal name, regardless of registration. With married women we do have two scenarios. Mary Jones acquired a property, got married, changed her …
Merger of Contract Provisions
Although it is the general rule that the acceptance of a deed is prima facie full execution of the agreement to convey, and preliminary agreements and understandings relating to the sale of …
Long Form of Agreement
Brian Madigan LL.B. There are actually two separate and distinct documents used to evidence an agreement to convey land: 1) agreements of purchase and sale, and2) agreements for sale. The …
Queen v. Cognos (1993)
Queen v. Cognos Inc., [1993] 1 SCR 87 was an interesting case involving negligent statements. This is important because fraud is very difficult to prove, and the courts will impose …
Fraser-Reid (1980)
The case of Fraser-Reid v. Droumtsekas in the Supreme Court of Canada (1980) dealt with several important legal principles including, caveat emptor, the doctrine of merger, implied and express …
Doctrine of Merger ~ Just Simplification
The doctrine of merger is an ancient common law doctrine. Essentially it is just simplification. Let’s look at three examples: 1) Tenant purchases leased land, 2) Purchaser completes the closing, …
Want to Change the Use?
Let’s assume that you want to change the use of the property. What does the agreement say about that? The standard form agreement of purchase and sale says: “9. FUTURE …