A question that seems to arise frequently is the use of the Waiver and the Notice of Fulfillment (NOF). When do you use one? And, when do you use the …
Refusing to Accept the Waiver (the Consequences)
It is a popular belief that in certain circumstances, only a Notice of Fulfilment (NOF) will do, and a Waiver is completely unacceptable. That’s true in part. The NOF is …
Protecting Your Commission in the Case of a Shortfall of Funds on Closing
Let’s assume that you are the buyer’s agent and you have been told that the property have been mortgaged to the hilt, the taxes are several years in arrears, and …
Listing Expiration and the Holdover Commission Clause
Question: I acted for a Buyer who submitted an Offer on a property. The Seller refused to sell, and it’s now off the market. The Seller absolutely refuses to deal …
Confirmation of Acceptance and Who Signs
The purpose of the Confirmation of Acceptance (COA) is to set the clock running. It’s not a document which exists in many jurisdictions, but it is used in Ontario. The …
Understanding the Delivery of Notices under the Agreement of Purchase and Sale
Sometimes, agents can run into difficulty giving or receiving proper Notice pursuant to one or more of the provisions contained in the standard Form Agreement of Purchase and Sale. This …
A More Detailed Explanation of Real Estate Services (2021)
My notes are identified under Comment, and the words outlined in italics, otherwise, this is the standard form document. Working with a REALTOR® The REALTOR® Consumer Relationship In Ontario, the …
Just Who is the Buyer: A Consortium?
Figuring out who your client may happen to be seems straightforward, but in some cases, it can be complicated. A real estate agent will make arrangements to have a Buyer …
Issues with the Time of Completion
The closing date and time should be clear and concise and not pose any particular challenges. Let’s have a look at the standard Form OREA Agreement of Purchase and Sale …
Buyer’s Rep should Sign Commission Agreement and CCR with Builder
Question: I am a Buyer’s representative and I have a buyer purchasing a new build condo. The builder is cooperating. What form do I use to ensure I get paid? …