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, …
Metes and Bounds Descriptions come from Base 60 Mathematics
If you are building things, you need to cut and divide things up evenly, or at least as close as possible, then you are probably going to come up with …
Requisitions in an Agreement
This particular paragraph is a little bit confusing so we’re going to have to pick it apart line by line. However, before we do, you have to understand that there …
Doctrine of Merger ~ Just Simplification
The doctrine of merger is an ancient common law doctrine. Essentially it is just simplification. Let’s look at three examples: 1) Tenant purchases leased land, 2) Purchaser completes the closing, …
Joint Tenancy Issues
Question: I am about to list a property for sale, but when I checked there are actually three persons named as joint tenants. Only two are my clients Answer: The …
Termination of Joint Tenancy
Matrimonial Home Spouse and One Other Question: I was looking on line for precedent to support the argument that 26(1) of the FLA does not sever a joint tenancy of …
Death of a Joint Tenant in Ontario
Question: If two people own a home, person A has power of attorney over person B, Person A signs all documentation as POA during sale and Person B dies before …