Question: REBBA 2002 requires a written agreement but then Agency Law states that it is not necessary to have a written agreement. Which would take precedence? Answer: The Act does …
Classification of Contractual Provisions
There are three types of terms in an agreement: conditions, warranties, and representations. With conditions, the remedy is that the agreement becomes null and void ab initio (from the beginning). They are “deal …
Title for Joint Venturers
Question: If I know 2 unrelated people that agree to combine their resources to buy property ie a joint venture. What is the best way for them to do that …
The Legal Duty to Speak Up
The Supreme Court of Canada updated the law on honesty and good faith in contracts in Callow v. Zollinger released on 18 December 2020. This case is an expansion of …
Silence is No Longer Golden
Supreme Court Expands Upon Bhasin v. Hrynew The Supreme Court of Canada has had an opportunity to add to its decision in Bhasin v. Hrynew. A breach of the duty …
Right to Withdraw Offer if Multiples
Multiple Offers in the current real estate market are extremely common. Not every Buyer wants to participate. What it really means is that in order for your Offer to be …
Revoking the Offer Before it’s Accepted
Bob is focusing on purchasing in a certain area. He is a little short of cash. He doesn’t want to participate in a bidding war. He’s not likely to win …
True Condition Precedent and Its Fulfillment
True Conditions Precedent go back to a Supreme Court of Canada case in 1957. It was agreed that the Waiver would be inappropriate and would not work. That’s why a …
Vacancy on the “Day” of Closing
The Buyer says at 3:00 pm to the Seller: “you have to be out, this deal closed at 2:00 pm”. The Seller replies: “I know that, but I still have …
Joint Venturers or Just “Common Law”
Question: It’s been a while since I’ve dealt with the rights for common law couples. They’ve been living together for approximately 15 YEARS… all in his name. She now knows …