Now, that would be the kind of warranty you should give, but if you are on the receiving end, was that a little bit of a trick? Let’s assume that …
The Doctrine of Merger and Some Solutions
The doctrine of merger applies to “executory” contracts. An executory contract is one that is completed at some future point in time. This applies to real estate transactions since the …
Supreme Court of Canada Details Phone Search Protections
The Supreme Court of Canada has permitted searches of cell phones by police incidental to arrest. But, what does this have to do with real estate? In R. v. Fearon, …
Properties Repaired and Rectified
On occasion real estate agents are presented with difficult and challenging facts. There has been damage to a building. It was repaired. The Insurance company paid. But the question is …
Good After Market Service Can Keep You Out of Trouble
Question So, here’s a problem. You are a real estate agent and you act for a buyer. You recommend a home inspection. Everything goes well and the deal closes. Then, …
Ontario Court of Appeal and the Seller Property Information Statement
So, what does the Ontario Court of Appeal think about the Seller Property Information Statement drafted by OREA and commonly used in many transactions? Let’s have a look at the …
SPIS ~ Reasonableness is the Test not Honesty
So, what is more important: reasonableness or honesty? Recently, the Ontario Court of Appeal determined that in completing a Seller Property Information Statement, that reasonableness was important. Honesty was expected, …
SPIS Statements ~ Warranties or Representations?
If the seller completes a Seller Property Information Statement, just what are the answers: warranties or representations or neither? Certainly, a warranty is actionable, a representation may or may not …
The Law of Negligent Misrepresentation for Vendors of Real Property
The law of negligent misrepresentation in respect to a real estate transaction was recently reviewed by the Ontario Court of Appeal in Krawchuk v. Scherbak (May 2011). The court confirmed …
Imposition of Liability upon Sales Representative and Sellers in Real Estate Transaction
Here’s a quick review of the facts in the Krawchuk and Scherbak case: Facts The sellers knew that: •· the foundation of the house was seriously compromised and •· there …