(Ontario) Question: If a buyer has a buyer agency but the commission is crossed out and the holdover is crossed out then are they just liable until the end of …
Back Dating the Buyer’s Representation Agreement
(Ontario) Question: Can a BRA be back dated? For example, you date a Buyer Representation Agreement (BRA) as of Saturday. You then meet the clients and go over it. They …
Acceptance: The Exact Timing
Certainly, everyone wants to know that their Offer has been accepted, otherwise, there’s no contract. Signed, Sealed and DELIVERED It’s the delivered part which is the actual acceptance. So, when …
Joint Tenancy Creation and Termination Explained
Joint tenancy is a rather old common law method of property ownership. Essentially, it includes the right of survivorship as one of its provisions. The basic arrangement would be tenancy …
Time is of the Essence in Real Estate Contracts
The meaning of this statement should be quite clear. Apparently, it’s not. Many practitioners opt for the “kind of, sort of…” time. In other words, deadlines are just deadlines, if …
Use of “As Is” in a Real Estate Contract
(Ontario) Question: Why would an agent insist that one insert a clause that says “Buyer acknowledges the home is being bought in as-is condition”. We know the condition…risks etc… have …
Adding another Buyer by Amendment in Ontario
This is the provision which you would add: INSERT: By executing this Amendment John Smith agrees to be bound by the terms of the Agreement of Purchase and Sale dated …
Updating the Deal: Acceptance Following the Irrevocable
Using the Correct Documents 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 …
Seller Successful in Damage Award following Defaulted Transaction
The Ontario Court of Appeal dealt with a rather simple and straightforward case in Vatcher v. Quazi on 7 January 2019. The Buyer, Quazi purchased a property from the Seller, …
Estoppel and Ratification Examples
Estoppel Simple example: For years, I have had my secretary order and pick up a pizza. I pay when I’m in the next week. I can’t simply tell the restaurant …