EPRF Holdings v. Fergus Bloor

This is an important case before the Ontario Superior Court. The matter was appealed and the Ontario Court of Appeal upheld the decision of the Motions Court Judge. The decision …

Permits Going to the Root of Title

This is an interesting case, recently released by the Ontario Court of Appeal covering several important issues related to building permits, title objections, title insurance and matters going to the …

Commissions on Failed Closings

Question: What happens when a deal (buyer/seller) firm ups but in the end it didn’t close so you didn’t get paid your commission. Answer: Your entitlement to commission under the …

Seven Offers Submitted

Question: We had an agent show one of our listings, he said he has shown his client 20 properties and is going to put conditional Offers in on 7 of …

Agreement: Deposit Default Delivery Clause

Question: What about the following clause in Schedule “B” from the Listing Brokerage (not so much from the grammatical correctness standpoint). I am representing the Buyer. “This Offer is subject …

Deposit Holder and Interest

Have a look at the Deposit clause in the standard Form Agreement of Purchase and Sale: “………….by negotiable cheque payable to ……………………………………………………………………………………………………………. “Deposit Holder” to be held in trust pending …

Deposit in the Agreement of Purchase and Sale

When Due? The standard Form OREA Agreement of Purchase and Sale makes the following reference to the Deposit: “DEPOSIT: Buyer submits …………………………………………………………………………………………………………………….(Herewith/Upon Acceptance/as otherwise described in this Agreement) ……………………………………………………………………….Dollars (CDN$) …