Anticipatory Breach Procedures

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 …

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 …

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 …