It’s entirely possible for real estate agents to make some mistakes, just like everyone else. But, when they do something in their professional practices that causes someone some financial loss, …
Swimming Pool Clause which Needs Some Work
(Ontario) Here is a swimming pool clause which many agents seem to be using: “The Buyer and Seller acknowledge that the swimming pool was not operational at the time of …
Disclosure of a Death in the House
Fundamental Difference Question: Do you have to disclose a death? What if it was a suicide? What if it was a murder? Answer: Sometimes you do and sometimes you don’t. …
Difference Between Two Real Estate Court Orders in Ontario
Question: An injunction is a court order stopping a party from continuing a breach. (In other wording, it is my understanding, “to do what they were supposed to do”) Specific …
Missing Dishwasher and the Principle of Indemnification
Question: If a sale closes and the dishwasher is missing from the kitchen, the buyer’s recourse is against the party with whom they had the contract, not the agent. This …
Leak Discovered after Closing
Question: One of the walls in the basement was covered by some kind of furniture and home inspector did not want to move anything (said something about getting hurt or …
Real Estate Lawsuits and Contingency Fees
Lawyers often charge 15% to 35% fees computed on the total settlement of a client’s claim. This is the “if you don’t win, you don’t pay” advertisement that you see. …
Agent’s Negligence in the Selection of the Title Search Date
It seems unusual for a real estate agent to be selecting a title search date without speaking to the Client’s lawyer, yet, they do all the time. Rarely, if ever, …
Minor’s Liability for Voidable Contract in Ontario
Minor’s Liability for Voidable Contract in Ontario Question: If a minor avoids a contract after the age of majority, do both parties simply walk away (no one owes anything to …
What Happens if the Neighbour is Unduly Objectionable (Ontario)
Rescission Question: My clients just closed on a condominium apartment. The neighbour below is objectionable, noisy and complaining constantly about their noise. They just moved in recently. Answer: Assuming that …