Question: I am representing the Seller and the Buyers conveyed through their realtor that they do not want to close. They are thinking that if the Seller sold for what …
Late Amendment
Question: There was an Old Agreement of Purchase and Sale. It came to an end and in one hour an Amendment arrived. Has it extended the Agreement? Can the Seller …
Using the Financing or Home Inspection Clause as an Out
Question: I act for the Seller, yet the Buyer’s agent thinks that the Financing Condition and the Home inspection condition provide them with a free “walkaway”. Is this true? Answer: …
Mareva Injunction against the Defaulting Purchaser
In 2280570 Ontario Inc. v. Vrisakis, 2017 ONSC 4513 the plaintiff entered into an agreement of purchase and sale with the defendant for the sale of a property. The defendant …
Mareva Injunctions: Cases
In Ontario, there are a couple of noteworthy cases. Azzarello v. Shawqi, 2015 ONSC 6914: In this case, the Ontario Superior Court of Justice granted a Mareva injunction to the …
Mareva Injunctions: A Powerful Tool for Protecting Real Estate Deals
Real estate transactions involve significant investments and complex negotiations. Buyers and Sellers alike are always on the lookout for effective measures to safeguard their interests during the deal-making process. One …
Clause Survival
Septic system that works Question: I want to make sure that the septic works on closing. The Listing agent is striking out “survive and not merge”. I was always under …
Pre-emptive Offers and Notification
Question: If on a listing, the Listing Agent has mentioned that they are taking offers on X date and time but Sellers have the right to take/review any preemptive offers. …
Unassumed Rental Contract
Question: If a purchaser agrees to assume the hot water tank in the Agreement of Purchase and Sale, however no contract was provided or shared from the Seller, what is …
Water Leakage and Subsequent Damage after Closing
Question: Buyer buys property in April 2022, firm , no inspection is done, no Form 127 is executed. The basement had a leak which they were told by their own …