Question: I act for the Seller, yet the Buyer’s agent thinks that the Financing Condition and the Home inspection condition provide them with a free “walkaway”. Is this true? Answer: …
Referrals and Unethical Conduct
The following statement was recently published on a Facebook Group dealing largely with real estate agents: Post Let me teach you how referrals work. Agent A who works and specializes …
Mareva Injunction against the Defaulting Purchaser
In 2280570 Ontario Inc. v. Vrisakis, 2017 ONSC 4513 the plaintiff entered into an agreement of purchase and sale with the defendant for the sale of a property. The defendant …
Mareva Injunctions: Cases
In Ontario, there are a couple of noteworthy cases. Azzarello v. Shawqi, 2015 ONSC 6914: In this case, the Ontario Superior Court of Justice granted a Mareva injunction to the …
Mareva Injunctions: A Powerful Tool for Protecting Real Estate Deals
Real estate transactions involve significant investments and complex negotiations. Buyers and Sellers alike are always on the lookout for effective measures to safeguard their interests during the deal-making process. One …
Improper Lease of Premises
Question: A couple are going through a divorce settlement. They are both on the title to various investment properties. The Court has ordered all properties listed for sale immediately. One …
Keeping Real Estate Files
Litigation Question: What’s the Time Limit Required for Agents? Is there a CRA rule and/or a TRESA rule on this? Under REBBA, Brokerages are required to keep them 6 years. …
Water Leakage and Subsequent Damage after Closing
Question: Buyer buys property in April 2022, firm , no inspection is done, no Form 127 is executed. The basement had a leak which they were told by their own …
Court of Appeal Considers Debts and Joint Tenancy
The Ontario Court of Appeal decided on 26 April 2023.that debts against the husband follow the husband’s interest only, and not that of the wife in a joint tenancy situation. …
Criminal Interest Rate Reduction
Under Section 347 of Criminal Code, it is an offence to enter into an agreement or arrangement to receive interest, or actually receive interest, at an effective rate exceeding 60% annually. …