We may have a potential dispute. The Buyer submits a 5% deposit, that is, $100,000.00 on a $2 million sale. The difficulty is that there is a dispute between the …
Estoppel and Ratification Distinguished
The two concepts of ratification and estoppel are somewhat similar, but they are different in the sense of the confirmation. In both cases, the agency relationship was not clear and …
Commission Reduction Requests
Question: Have you ever specified commission amounts in a listing agreement to account for a scenario where a buyer is represented by a lawyer, not a co-operating brokerage? In this …
Confirmation if Acceptance is Not Part of The Agreement
(Ontario) Question: If an offer goes back and forth a copy of times and in the final sign back there are changes in price and chattels, what happens to the …
Absolute Discretion Clause in Ontario after Bhasin
Numerous clauses will state “…the Buyer’s sole and absolute and unfettered discretion…”. The difficulty with the clause as it stands is that it may easily give the novice or the …
Can You Sue for Misrepresentation After Closing?
Titles When Does the Real Estate Deal Get Done? Completion of the Real Estate Deal Recission of a Real Estate Contract for Misrepresentation Can You Sue for Misrepresentation After Closing? …
Merger Survivorship Wording
(Ontario) Consider the following clause: “The Seller represents and warrants to the best of his knowledge and belief that the swimming pool and equipment are now, and on the completion …
Bhasin v. Hrynew Revisited
It’s now been over seven and a half years since the Supreme Court of Canada released its decision in Bhasin v. Hrynew (13 November 2014). Basically, it’s been cited in …
Honest Efforts not Best Efforts Required for Financing
The British Columbia Court of Appeal recently considered the issue of the failure to secure financing following the decision of the Supreme Court of Canada in Bhasin v. Hrynew (2014). …
Escalation Clauses Might be Void in Ontario
It is a clause that is very risky to use both for the Buyer and the Seller. Many jurisdictions do not permit them at all: 1) Some think that this …