If a tree falls in the forest, no one cares, except perhaps the termites. But, if your neighbour’s tree falls on your house, then there is a little problem. First …
Unresolved Title Defects Prior to Closing
(Ontario) Question: The closing is scheduled for tomorrow and the Buyer’s lawyer has found out that there are two expired notices on title that should be cleared before closing. Seller’s …
Retaining Wall Falling Down
(Ontario) Question: How do you deal with a property with a falling down retaining wall between properties? The Sellers agent knows nothing. The higher property (The neighbours) has a retaining …
Unregistered Easement Confirmed to be in Existence
The Ontario Court of Appeal just confirmed the existence of an unregistered easement in Hunsinger v. Carter on 20 July 2018. The two properties were side by side and Hunsinger …
Some Basic Residential Tenancy Insurance Issues
Ontario Questions: If you represent a client who wishes to lease his condo as a FURNISHED lease for 6 months (short term): 1. Does the Landlord’s home insurance still continue …
Municipal Taxes Outstanding Following Closing
(Ontario) Question: Taxes on the Listing show $5,500.00, the Buyer takes possession and receives a bill from the municipality for $7,000.00. What can be done? Answer: Actually, this happens quite …
Title Insurance: Who Buys?
(Ontario) Question: Clause 10 in the standard Form OREA Agreement of Purchase and Sale states… “which seller is unable or unwilling to remove, remedy or satisfy or obtain insurance… (Title …
Security at an “Open House”
(Ontario) Question: I had prospective visitors leave when I asked for ID. They thought that this was an invasion of their privacy. Answer: Yes, indeed it is an invasion of …
Salt, Sand and Shovel Before the Open House
Let’s assume that you are a real estate agent and you have agreed to host an Open House for your client. Question: Who is responsible if someone falls on the …
Possible Solutions to Lawsuits against Agents
(Ontario) Lots of people are being sued and very few know what they did wrong. Many errors and mistakes could easily have been avoided. Both RECO and OREA produce lots …