Non est factum is a very strong defence. It essentially means that there was no agreement reached in the first place. The problem is that it is very, very difficult …
Mutual Releases and Getting Paid on the Second Deal
Question: If I write a mutual release for a conditional sale, is there a mechanism to prevent the buyer and seller doing a deal together in a few more weeks …
Mutual Release – Execution and Irrevocable Clause
Question: What is the purpose of the irrevocable on a mutual release? If a buyer is not fulfilling conditions and both parties agree to release, is the irrevocable period necessary? …
Deposit Proof for the Buyer
add a few dollars Question: I am still waiting for the Listing Brokerage to provide a deposit receipt? I am concerned about e-transfers, direct deposits and wire transfers. For some …
The Amendment Can be a Very Risky Document to Use
Consider the situation where the Buyer includes a Home Inspection Condition and a Financing Condition. The deal is struck on Monday. Both conditions are due by 8:00 pm on Thursday. …
Enforcing the Buyer’s Representation Agreement when the Buyer Buys Direct from the Builder
This situation seems simple enough. The standard Form OREA Buyer Representation Agreement actually covers this. It’s included. The reason why it’s included, is that it’s “not excluded”. That’s how you …
Must a Seller have Insurance on the Property?
Home Insurance Question: Does a Seller have to have Insurance on the Property? Answer: No, Here’s the provision as set forth in the Standard Form OREA Agreement of Purchase and …
Tenants-in-Common – Who Signs Confirmation of Acceptance in Ontario?
Question: If two business associates who are tenants in common, accept an offer to sell their property, who signs the Confirmation of Acceptance, and when? Assuming they are not together …
Offer Withdrawal
How much flexibility does a buyer have in regards to withdrawing an Offer/counter Offer before it being accepted by the seller? This assumes that OREA Form 100 is used and …
DO NOT CONTACT (Ontario)
As a routine matter most Listing Agreements are signed and include a ‘no contact” provision. Are they enforceable? The preclusion for contact is contained in the Listing. It is then …