The standard form agreement of purchase and sale in Ontario includes a standard four pages of fine print plus fill in the blanks, followed by a Schedule “A”. It is …
Sale of Buyer’s Property Condition
Question: If you’re putting in an offer conditional on sale of your client’s home, do you include your client’s property address in the condition? Answer: You certainly should in order …
SPIS ~ Bird and Ireland
Vendor not Obligated to Warrant Property: No Commission This is another interesting case involving the use of the Seller Property Information Statement (SPIS), not for the purpose for which it was …
Confirmation of Acceptance: Who Signs!
(Ontario) Question: Who signs the Confirmation of Acceptance in the event of a counter offer by the Seller that is accepted by the Buyer? (the buyer or the seller)? For …
Right to Withdraw Offer if Multiples
Multiple Offers in the current real estate market are extremely common. Not every Buyer wants to participate. What it really means is that in order for your Offer to be …
Revoking the Offer Before it’s Accepted
Bob is focusing on purchasing in a certain area. He is a little short of cash. He doesn’t want to participate in a bidding war. He’s not likely to win …
Do You Need a Notice of Fulfillment?
Question: The following condition does/does not require a notice of fulfillment. If seller does nothing, it becomes firm and binding after the date of due diligence passes. What if the …
Unjust Enrichment and Matrimonial Home
Question: My client has been living “common law” for 15 years. She is not registered on the title to their home. Does she have any rights? Answer: This area of …
True Condition Precedent and Its Fulfillment
True Conditions Precedent go back to a Supreme Court of Canada case in 1957. It was agreed that the Waiver would be inappropriate and would not work. That’s why a …
Vacancy on the “Day” of Closing
The Buyer says at 3:00 pm to the Seller: “you have to be out, this deal closed at 2:00 pm”. The Seller replies: “I know that, but I still have …