Question: I am the Buyer’s agent. Three days before closing I just found out the furnace is a rental. What can be done? Answer: The furnace is a fixture in …
Failure to Register Transfer of Title From an Estate (Ontario)
Question: I am just about to list a house. There are three owners and they are all willing to sign. However, on checking with the Registry Office, there are still …
Do Any Rights Arise from Long Term Use?
Question: The Owner of a property has been sharing the neighbour’s well since the 1970’s. The property is now to be sold. There is no “agreement” in writing. The neighbour …
Creating the Revocable Offer
Working Twice as hard on Bidding War Night From time to time, particularly in heated real estate markets it may be wise to draft a revocable Offer, that is, one …
Changing the Substance of the Title Clause
Over the years, the title clause in the standard form real estate transaction has changed. The title clause was amended several times. Initially, it provided for: good title, then it …
Title Search Date: When Should it Be?
Question: What date should be inserted into the Agreement of Purchase and Sale for the Title Search date? Answer: Buyer’s Interest From the perspective of the Buyer’s lawyer, you can …
“Agreement of Purchase and Sale” (Title)
The agreement between the parties concerning “title” to the property is in essence the “bargain” between the seller and the buyer. This is a matter of substance and not just …
Should You Get a Survey?
A very substantial error occurred in a real estate transaction. The purchaser was interested in buying a cottage property. As it turned out, the building which she thought she was …
Open Bidding: Let’s Hire a “Puffer”
The Liberals were elected federally and one of their platforms was a change to real estate transactions eliminating “blind bidding”. This means that every Buyer would know what the competing …
Mortgage Defaults
Can you charge an increased rate of interest, late payment charges and default fees when a mortgage goes into arrears? Mortgage Default Concerns Increasingly, we see pumped up interest charges, …