Question: Assuming the deal closes at 2:00 pm, the APS says 6:00 pm, the Registry Office closes at 5:00 pm and the end of the day is 11:59 pm, WHEN …
Understanding the Doctrine of Merger: Simplification
The doctrine of merger is a legal principle associated with making things “simpler”. The doctrine goes back hundreds of years. Adjacent Properties If two properties sitting side by side are bought …
Municipal Tax Sales in Ontario
Municipalities dispose of properties authority under Part XI (Sections 371-389) of the Municipal Act, 2001 R.O. 2001 c. 25, within their jurisdiction for arrears of taxes. The tax arrears include …
Survey or Title Insurance?
Actually, it shouldn’t be one or the other. It should be both. One of the problems is that title insurance was marketed as a cheaper alternative to a survey. This …
Late Deposit
Question Buyer’s deposit cheque arrives late. Buyer proceeds with fulfilling conditions and submits necessary documents. Seller requests preparation of mutual release and signs same. Buyer refuses to sign. Is the …
Joint Tenancy Issues in Ontario
Question: Bob and Martha are brother and sister, they were left a house by their mother, as joint tenants. Martha dies. Can you list the property right away, on Bob’s …
The Doctrine of Merger and Some Solutions
The doctrine of merger applies to “executory” contracts. An executory contract is one that is completed at some future point in time. This applies to real estate transactions since the …
Searching Title: Requisitions and Objections Removal
What should be the normal periods? What’s fair and reasonable? What makes sense from the Buyer’s perspective? What makes sense from the Seller’s point of view? Let’s start out with …
Use the Correct “legal name”
You should really be using the person’s correct legal name, regardless of registration. With married women we do have two scenarios. Mary Jones acquired a property, got married, changed her …
Merger of Contract Provisions
Although it is the general rule that the acceptance of a deed is prima facie full execution of the agreement to convey, and preliminary agreements and understandings relating to the sale of …