OREA changed the terms of the long standing Listing Agreement by adding some words: OREA’s explanation is as follows: The COMMISSION Clause wording was revised to streamline the message for …
Is Commission Owed on an Agreement which doesn’t Close?
To answer this question we’ll have to look at the Listing Agreement. Here’s what it says: Part 1 “In consideration of the Listing Brokerage listing the Property, the Seller agrees …
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, …
Consideration Issues
“For there to be a valid contract, there must be consideration.” The above is a troublesome question often posed on real estate examinations. It’s unfortunate there there’s so much debate …
Conditions and Warranties: Why Not Have Both?
Conditions and warranties are often viewed independently, as in “one or the other”, but why not both? Consider a situation where a building is to be purchased and the Buyer …
Court of Appeal Calculates the Deadline for Off-Title Searches
2651171 Ontario Inc. v Brey This was a case determined by the Ontario Court of Appeal on 17 February 2022. It deals with the interpretation of the Title Search clause …
Waivers for Condition Precedent and Subsequent
Question: There can be no waiver with a condition precedent, but there can be a waiver with a condition subsequent is that right? Answer: No. This is not true, although …
Updating the Illegal Substances Clause
A recent case in Ontario Superior Court calls into question a familiar and frequently used clause in Agreements of Purchase and Sale: “The Seller represents and warrants that during the …
Restrictive Covenants and Fences
No Swimming Pools Question: A buyer wanted to buy a property and put a pool in their back yard. When doing a title search they found that the seller had …
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 …