(Ontario) Question: The Seller had a rather difficult Tenant and has sold the house, and has delivered the appropriate notices to the Tenant to terminate the tenancy. The Tenant has …
Fundamental Difference (A very good reason for not closing)
There are essentially three justifications for not proceeding with a real estate transaction. Here’s a famous quotation about caveat emptor in Fraser-Reid (1980 SCC). “…..Notwithstanding new methods of house merchandising …
What You See is What You Get in Real Estate
Many people would think that what’s in an Agreement of Purchase and Sale would govern. Apparently, not! It’s what is visible and what a prospective purchaser would think was part …
Driveway: What You See is What You Get
The driveway was 9 feet wide. That’s what the Buyer saw and bargained for in the Agreement of Purchase and Sale. In fact, the neighbours claimed that they owned two …
Seller Loses “Time of the Essence” Clause for Lack of Good Faith
In a recent decision the Ontario Court of Appeal prevented a Seller from relying on the “time is of the essence” clause in the Agreement. The reason was simple, the …
Over-Holding Seller and Related Problems
(Ontario) The Sellers were to have vacated by 1:30 pm. The problem is that no one told them that including their own lawyer. Mid-morning on the day of closing, no …
Relisting and Resale
(Ontario) Question: Can an agent relist a property on MLS without a signed mutual release for a previous deal? We were one day late with the deposit. Answer: If you …
Joint Tenancy Creation and Termination Explained
Joint tenancy is a rather old common law method of property ownership. Essentially, it includes the right of survivorship as one of its provisions. The basic arrangement would be tenancy …
Use of “As Is” in a Real Estate Contract
(Ontario) Question: Why would an agent insist that one insert a clause that says “Buyer acknowledges the home is being bought in as-is condition”. We know the condition…risks etc… have …
Re-inspection Before Closing (Ontario)
Question: Does an executory contract give the right to re-inspect prior to closing? Even following the Harkness case, some lawyers do not think the case is decisive enough. Answer: There …