This is a frequent question. Time and time again, agents inquire about executing an Amendment to an Agreement “after the fact”. So, “no” you can’t revive the old contract. What …
Tenant Slips – Insurance Implications
Ontario Question: Tenant slips and breaks the toilet by falling onto it. Water floods the place. She doesn’t know how to turn the water off. Whose insurance – ultimately who …
Carpet Stain Insufficient to Allow Buyer to Walk Away
In a recent case, the Divisional Court of Ontario had to hear an appeal from a case, where the Buyer claimed that she was not obligated to complete the transaction. …
Fundamental Difference (A very good reason for not closing)
There are essentially three justifications for not proceeding with a real estate transaction. Here’s a famous quotation about caveat emptor in Fraser-Reid (1980 SCC). “…..Notwithstanding new methods of house merchandising …
Driveway: What You See is What You Get
The driveway was 9 feet wide. That’s what the Buyer saw and bargained for in the Agreement of Purchase and Sale. In fact, the neighbours claimed that they owned two …
Disclosed Kitec Plumbing is not a Reason to Permit Buyer to Walk
The Divisional Court of Ontario just considered a Kitec Plumbing issue in a condominium. In fact, it was disclosed. It was also identified in the contract and subsequently it was …
Market Drops, Buyer Defaults, Seller Gets Summary Judgment
We know that 2017 was not a good year for residential real estate. The general view that the real estate market is always going up is not necessarily true. In …
Do You Have to Disclose a Back Up Offer?
Depends who you ask! If you ask RECO, the answer is “yes”. If you were to ask a Judge, the answer is “no”. But, not everyone is governed by RECO, …
Renter is a RECO Registrant: No Loss of Rights
(Ontario) Question: I have clients who bought a rented condo 2 years ago, we did not know that the seller’s real estate agent was the renter. The agent never disclosed …
Owner filled swimming pool. Didn’t disclose!
Material Latent Defect? Question: An owner purchased a house with swimming pool. He decided he doesn’t want the pool. He hires a few guys to fill in the pool and …