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 …
RECO Disclosure: Lawsuits
Question: I am making an application to RECO for reinstatement. Do I have to disclose lawsuits or pending litigation? I am currently involved in a lawsuit with a former business …
Sump Pump Not There
Question: Two weeks after closing my Buyers discover a flood in their basement, with water entering through one of the basement windows. In the listing it’s written that there’s a …
Expanding the Description of the Property in the Agreement
Question: A number of years ago, properties seemed to include additional references like: “having a private driveway” “a mutual driveway” a laneway” a right of way” “front yard parking” or …
Ice Damage to Tenant’s Car
Question: In the case of a residential tenancy, are there liabilities placed on the Landlord, in addition to those set out under the Residential Tenancies Act? An unexpected thaw and …
Retain a Barrister to Recover the Deposit
Anyone who offers half the deposit already knows that they owe the entire deposit, so, they’ll fold. Real estate conveyancing (in-office paperwork) and Litigation are really two separate and distinct …
Pre-Listing Open House and the Buyer (what is the relationship?)
Question: I got a Buyer client from an Open House which I did prior to Listing to see if there was any interest. Now, I have a Buyer. What do …
Paid Too Much / Any Recourse?
Question: I had a property listed at $599,000 expecting multiples. A Buyer’s Agent who was aloof, reticent and condescending submitted an Offer at $690,000. I had made it quite clear …
Buyer Representation Agreements and the Non Est Factum Defence
Non est factum is a very strong defence. It essentially means that there was no agreement reached in the first place. The problem is that it is very, very difficult …
Damage Prior to Closing
Specific Performance Question: What happens if a property is damaged between the Agreement date and Closing? The damage is estimated to be over $100,000.00. The Seller is not cooperating …