Sometimes, even when the two sides are working together very successfully, they just run out of time. Well-intentioned, but the acceptance just wasn’t finished off in time. So, what’s the …
Understanding the Doctrine of Merger
What is the meaning of the following statement: “This representation and warranty shall survive and not merge on completion of this transaction”. The doctrine of merger is a legal principle associated …
Time is of the Essence in Offers (and Hockey) Explained
For whatever reason, many real estate agents seem to think that there’s some flexibility and a little “give and take” when Courts interpret the intentions of the parties in the …
The Warranty: It’s Over Before It Starts
Now, that would be the kind of warranty you should give, but if you are on the receiving end, was that a little bit of a trick? Let’s assume that …
Solicitor’s Approval Clause
At a recent Course on Writing clauses, we talked about setting up the Solicitor’s Review and Approval Clause as a Condition Subsequent rather than a Condition Precedent. This was not …
Force Majeure Clauses in Real Estate Transactions
The question arising frequently in discussions is whether “force majeure” is triggered in real estate transactions because of COVID -19 and/or a suddem market decrease as in 2017 and 2022. …
Failure to Read the Contract is NOT an Excuse
Non Est Factum Defence The “non est factum” defence is a principle in law that a person may not be liable for their contract if they did not fully understand …
Can You Tell a Secret?
Let’s assume that Bob, the Listing Agent is acting for Mary in respect to the sale of her house. Bob hosts an Open House and Fred and Wilma attend. They …
Deposit Cheque Delivery and Return
Question: The Buyer signs an offer on 4 March, 2022 at 10.00 am which includes the deposit cheque “herewith”. The irrevocable date is 10 March, 2022 at 6.00 pm. If …
Deposit not Delivered: REMEDIES
Question: An Offer is accepted, the deposit clause in the agreement states that the Buyer will bring deposit on “Saturday April X, 2020”. The Buyer doesn’t bring deposit… Is the …