Managing Litigation Once you have commenced a lawsuit and presumably, you have done that within the 2 year limitation period, you only have a limited time to litigate. That’s five …
Missing Dishwasher: Vendor Leaves Province
Question: If a built-in dishwasher, which would be classified as a fixture, was removed, and it was in the agreement, but the sellers moved out of the Province, who is …
Defendant Cries Out “Family Matters” Too Many Times
All too often, people will seek some kind of indulgence and not really offer a proper explanation. Once or twice, this might work, but after a while the request based …
Timing of Acknowledgement Signature
Ontario Question: Why do agents have their buyers sign the ACKNOWLEDGEMENT with the original submission and before there is an agreement the Seller has even reviewed the offer? Statement reads …
Tendering in Ontario
Question: What is the meaning of “tender” in real estate transactions? Answer: Tender is a very specific term in a real estate transaction. Tendering is the process to demonstrate that …
Structure the Good Faith Deposit Cautiously
Let’s assume that you are a Buyer submitting an Offer on a million dollar property. The expectation is that you will come up with a good faith deposit in the …
Seller Successful in Damage Award following Defaulted Transaction
The Ontario Court of Appeal dealt with a rather simple and straightforward case in Vatcher v. Quazi on 7 January 2019. The Buyer, Quazi purchased a property from the Seller, …
Homeowner Sues Agent Because Commission is too Small
While this doesn’t actually sound right, it’s true! Bill was trying to sell his house. He entered into a Listing Agreement with Bob. Bill would pay Bob’s Brokerage 5% on …
Can You Sue for Misrepresentation After Closing?
Titles When Does the Real Estate Deal Get Done? Completion of the Real Estate Deal Recission of a Real Estate Contract for Misrepresentation Can You Sue for Misrepresentation After Closing? …
Merger Survivorship Wording
(Ontario) Consider the following clause: “The Seller represents and warrants to the best of his knowledge and belief that the swimming pool and equipment are now, and on the completion …