While Buyers may seek to include a clause to ensure that caveat emptor doesn’t apply to the chattels and fixtures, in a signback, the Seller may attempt to reinstate the …
Picture Hook Removal Damage
Question: I am the Listing agent and have a closing coming up. The buyers asked that the sellers filled every hole from photos/art/mirrors etc. and repainted the spots. We removed …
Warranties and the Doctrine of Merger
We looked at Warranties and the doctrine of merger. The Robinson v. Hobbs-Lingard case in 2015 highlighted several issues. It was heard in the Small Claims Court in Milton on …
Collecting on the Buyer Representation Agreements
Question: I showed at least 20 properties and made 3 offers on properties with a Client under a BRA. They purchased a property through another agent (listing agent) the week …
Solicitor’s Approval Clause
At a recent Course on Writing clauses, we talked about setting up the Solicitor’s Review and Approval Clause as a Condition Subsequent rather than a Condition Precedent. This was not …
Confirmation of Cooperation in a Multiple Representation
Need for Confidentiality Question: Since the Buyer’s agent is not technically signing the Confirmation of Cooperation (CCR) Form meaning that the commission section doesn’t get filled out, how would the …
Can Agent Keep the Extra Commission?
Let’s suppose that Bob the Buyer is very interested in purchasing a house in a certain area. Bob contacts Fred who is an agent working that targeted area. Fred doesn’t …
Amendments and Changes to an Offer
(Ontario) Question: With a conditional offer in which the conditions are about to come off, what is the correct form (with Notice of Fulfillment) to change the date and add …
BUYERS’ REP AGREEMENTS
Question: I showed at least 20 properties and made 3 offers on properties with a Client under a BRA. They purchased a property through another agent (listing agent) the week …
Cooperating Brokerage Sues Seller Directly For Commission
Is this even possible? In this situation, the Cooperating Brokerage was not paid its commission in full as provided in the MLS Listing. So, the Brokerage sued the Seller/Owner directly. …