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 …
Long Form of Agreement
Brian Madigan LL.B. There are actually two separate and distinct documents used to evidence an agreement to convey land: 1) agreements of purchase and sale, and2) agreements for sale. The …
Lots: Vacant, Empty, Buildable, Ready for Development
What does all this mean? You see an ad for a “fixer-upper” but you’re not handy and you really don’t want something hodge-podge in the end for a million dollars …
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, …
Matrimonial Home Designations in Ontario
There is an opportunity under the Family Law Act to designate a home as a “matrimonial home”. You might think that married couples would wish to avail themselves of this …