For decades the built-in dishwasher has been considered to be a fixture and that makes good sense. However, around 2015, a new product came to the market, namely the roll-in …
Insert Lawyer’s Information in Agreements
Notices Provision Question: Would the Buyer’s or Seller’s Lawyers fax no. and email be inserted in the clause if there is a multiple representation agreement? Answer: Use somebody’s email or …
Offer Withdrawal Issues
Questions: At which stage/s the buyer can retract their offer: (assuming seal is used): 1. Buyer signs the offer that is yet to be presented to seller, 2. Signed offer …
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 …
Remedies if Title is Defective
Question: If there is a matter of title which the Seller can’t remove, for example like previous owner gives a right of way, is Buyer obligated to buy? Answer: Any …
Protecting Your Commission on the Buy Side in a Power of Sale
Question: How do I protect my commission? Everyone says that there’s just not enough money for the Bank, hydro taxes etc? Answer: Assuming this is a Big 5 Bank, they’ve …
Seller’s Release from Prior Agreement Gives Too Much Power to the First Buyer
Sometimes, there is more than one way to deal with an issue. Let’s look at a situation where Buyer #2 wants to proceed with an Offer on a property. Looking …
No Rights Are Lost if Amendment is Used
This particular issue doesn’t seem to go away. Some agents think that something “bad: will happen if a Buyer’s Agent uses an Amendment rather than their preferred choice, namely the …
Commission Reference Inclusion for Listing Remarks in Ontario
Question: What would you think about including the following: “Commission only payable on Completion of a Sale. Or, Commission is payable only upon successful completion Answer: If any lawyer ever had …
Commission Entitlement on Defaulted Deal in Ontario
Question: We listed and sold a home for our Seller client in the March frenzy. The closing was June 1st , but the Buyer didn’t close . The Seller was …