Question: A Buyer was offered all the leftover tile, wood flooring and some other items left in boxes on a house he’s buying. There were many texts from Listing agent. …
Maybe You Can’t Trust the Contractor
The difficulty these days is that contractors have fallen upon hard times. This does not necessarily bode well for the homeowner. Consider the case of Mrs. Smith and TwinPac Swimming …
Fraud Eliminates the Entire Agreement Clause
The Ontario Court of Appeal just confirmed that the “entire agreement” clause does not prevail when it comes to fraud in 10443204 Canada Inc. v. 2701835 Ontario Inc. November 1, …
Common Law Property Rights
Often, couples living common law will mistakenly believe that they have equal ownership of the family home. This is not the case. They will only have equal ownership if they …
Real Estate Contracts: Right of Assignment
The peculiar aspect of executory contracts has a significant effect on the basic common law doctrine. Ordinarily, contracts are assignable by the buyer without the seller’s consent. However, that general …
Clarity Clauses, Agreements and Documents (Part 1)
The Technology over the Years The Real Estate and Business Brokers Act (REBBA 2002) was enacted 31 March 2006 and brought into force a number of new provisions for the …
Minors Buying Real Estate
Generally, the law does not wish to have minors entering into contracts, without proper guidance. Consequently, the law requires that a minor may only contract for something that is a necessity. …
Irrevocable Clause ~ Improper Use
The irrevocable clause in an agreement of purchase and sale is simply the time limit imposed upon the other party to respond. The major criticisms of realtors concerning the use …
Conditional on the First Deal
This is a clause under consideration for review: “This offer is conditional on the failure of the existing, conditional Agreement of Purchase and Sale related to the subject property. The …
Ineffective Exclusionary Clauses
Most agreements of purchase and sale will contain an exclusionary clause. Do they work? First, let’s have a look at exactly what they say. Reproduced below is the relevant wording …