Real Estate Agent’s Liability This was a case in the Supreme Court of British Columbia in 1997 involving the use of the Property Condition Statement. Mr. and Mrs. Lance purchased …
SPIS ~ Cartwright and Fournier
Update the Document This is another in the series of Property Disclosure Statements giving rise to litigation after closing. The parties entered into an agreement in November 2003 to close 14 April …
Deposit Not Forfeited if Builder Can’t Close
In a recent case, the Ontario Court of Appeal concluded that if the Builder has not reached substantial completion on the date of closing, then, it cannot keep the Buyer’s …
SPIS ~ Macdonald v. Robson
Major Easement This was an application in the Superior Court of Justice of Ontario for an order rescinding an agreement of purchase and sale. The purchaser Mr. Macdonald had submitted …
SPIS ~ Whaley and Dennis
Defective Septic System Mr. and Mrs. Whaley purchased a small house from the vendors Mr. and Mrs. Dennis in 2002. The property was located in the Niagara Peninsula and was …
SPIS ~ Miersma and Pembridge
Insurance Backs Up SPIS This was an application brought in October 2005 before the Superior Court of Justice of Ontario to determine whether a policy of insurance covered a false …
SPIS ~ Morrill and Bourgeois
No negligence in the statement This case came on for trial in in Superior Court of Justice at Thunder Bay in 2007. Matthew Morrill purchased a property in Thunder Bay …
SPIS ~ Karwandy and Sebastien
Electrical issues This is another in the series of improperly completed Property Condition Statements. This was an action heard in the Small Claims Court at Regina Sakatchewan in 2002. In the …
SPIS ~ Usenik and Sidorowicz
Basement leak This is another case in the line of improperly completed Seller Property Information Statements by vendors. Briefly, the purchaser Rhonda Usenik wanted a good house that was in good condition …
Resale and Mitigation of Loss Steps
Let’s have a quick look at the steps taken by Mr. Pollard to mitigate his loss on the resale after Ms. Perry defaulted on their agreement. This is information drawn …