The Supreme Court of Canada released its decision in Bhasin v. Hrynew late in the afternoon on 13 November 2014. That meant that no one really “knew” about it until …
Designated Representatives and the Agency Appointments
With the new TRESA legislation coming into force on 1 December 2023, a number of changes were made to the practice of real estate. For agency appointments, there are now …
Designated Representation Agreement Change in Schedule “A”
You will need to make this change until OREA amends the Forms. “The paragraph following paragraph #15 shall be deleted and the following shall be substituted therefore: “The Listing Brokerage …
Deposit Returned: Not Forfeited (EPRF Holdings v. Fergus Bloor)
Fergus Bloor (the Buyer) submitted a deposit in the amount of $350,000.00 on a $7 million purchase. That amounted to 5% of the purchase price. Cushman & Wakefield ULC, (“Cushman”) …
EPRF Holdings v. Fergus Bloor
This is an important case before the Ontario Superior Court. The matter was appealed and the Ontario Court of Appeal upheld the decision of the Motions Court Judge. The decision …
Home Inspection Clause Revisions
Sometimes, the Buyer will attempt to use a Home Inspection clause as a right to back out of the deal. So, it might be wise to add the following: “Should …
Outstanding Encumbrances
The standard form OREA Agreement of Purchase and Sale covers institutional mortgages. However, oftentimes there are other liens etc. which should be handled in the same way. The following clause …
Last Minute Liens: Remedies
Question: Our clients successfully closed on the sale of their home today, but unfortunately, their purchase could not go through due to serious issues with the seller’s property. It appears …
Damaged Property: Close and Sue Afterwards
I represent the buyers who purchased a property in early August. We completed a walkthrough on Friday. There was visible damage to the entry to the second floor bathroom. The …
As Is Properties and TRESA
Question: What about a listing of a property that says “AS IS”, are you still required to provide information pertaining to any defects on the property? Answer: All properties are …