You have just received a 15 page Agreement of Purchase and Sale. You find that at the bottom of pages 9 and 12 the Seller forgot to initial the page. …
Is an Agreement Valid without a Witness?
A problem frequently arises in real estate transactions when people say they witness signatures, but they don’t. In Ontario, there are only three legal documents which require witnesses: 1) Domestic …
Joint Tenancy ~ a Poor Man’s Will
Question: I am concerned about my mother. Ten years ago, she married a man who now seems to be in ill health. He has operated his own business for over …
Joint Tenancy Does not offer Creditor Protection
By Brian Madigan LL.B. We looked at a case where a joint interest in a matrimonial home effectively thwarted bankruptcy. But, that was a peculiar case. In Re: Cameron, it …
History of Signing Documents under Seal
Is a seal required for a real estate deal? A common question that arises in respect to real estate transactions. Here is a little bit of history about the use of …
The Meaning of “Acceptance” in Real Estate Transactions
For some strange reason, the meaning of “acceptance” in real estate transactions is not well understood. Since you can’t have a contract without it, you would think that there would …
The Basic Principles Behind “Materiality”
The issue of “materiality was recently considered by the Supreme Court of Canada in Sharbern Holding Inc. v. Vancouver Airport Centre Ltd. (2011). This is the definition at common law. …
Counter Offer Form ~ Amendments
There is a standard form Counter Offer form which has been drawn up for use in Ontario. There are some small issues which should be addressed if you propose to …
Confirmation of Acceptance is Troublesome
The current version of the standard form Agreement of Purchase and Sale by the Ontario Real Estate Association (OREA) includes a “Confirmation of Acceptance. This statement appears below the signature …
Confirmation of Execution has been Replaced
If you look back to the previous version of the OREA standard form Agreement of Purchase and Sale, you will find a Confirmation of Execution. It followed the signature line …