Occupation and Ownership I have occupied the property since _________________ I bought the property on ________________ The registered owners of the property are ______________________ The property is held as joint …
Long Form of Agreement
Brian Madigan LL.B. There are actually two separate and distinct documents used to evidence an agreement to convey land: 1) agreements of purchase and sale, and2) agreements for sale. The …
An Opportunity to Increase “Professionalism” in the Real Estate Industry
The Supreme Court of Canada made some changes to the common law of contracts. These new changes will afford an opportunity to the real estate industry to increase their degree …
Ontario Court of Appeal and the Seller Property Information Statement
So, what does the Ontario Court of Appeal think about the Seller Property Information Statement drafted by OREA and commonly used in many transactions? Let’s have a look at the …
SPIS ~ Reasonableness is the Test not Honesty
So, what is more important: reasonableness or honesty? Recently, the Ontario Court of Appeal determined that in completing a Seller Property Information Statement, that reasonableness was important. Honesty was expected, …
SPIS Statements ~ Warranties or Representations?
If the seller completes a Seller Property Information Statement, just what are the answers: warranties or representations or neither? Certainly, a warranty is actionable, a representation may or may not …
The Law of Negligent Misrepresentation for Vendors of Real Property
The law of negligent misrepresentation in respect to a real estate transaction was recently reviewed by the Ontario Court of Appeal in Krawchuk v. Scherbak (May 2011). The court confirmed …
SPIS Wording No Defence for Agents
Frequently it is believed that the wording in a document governs the relationship between the parties. That’s an argument made by many industry professionals in respect to the completion of …
Imposition of Liability upon Sales Representative and Sellers in Real Estate Transaction
Here’s a quick review of the facts in the Krawchuk and Scherbak case: Facts The sellers knew that: •· the foundation of the house was seriously compromised and •· there …
Inadequate Disclosure: Sellers and Brokerage both Liable to Buyer
The sellers, Scherbaks knew that there were some problems with the foundation. The real estate sales representative, Wendy Weddell knew that too, but failed to pursue the issue on inquiry. …