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 …

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 …

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 …