Unpaid Deposit Many people will argue that there is no contract unless the deposit has been paid. So, in effect, there is a slight waiting period before we have a …
Tried to Negotiate the Deal after the Contract was Unconditional
Pollard v. Perry Ms. Perry submitted an Offer on10 Golfview Drive, Collingwood, Ontario. The listing price was $995,000. The sale price agreed to was $1,050,000.00. The agreement was unconditional. Actually, …
SPIS ~ Csada and Williams
This case involves the use of the Property Condition Statement in the Province of Saskatchewan pursuant to the terms of a residential agreement of purchase and sale. Mr. and Mrs. Csada submitted …
SPIS ~ Taschereau and Fuller
Caveat emptor This is a case concerning false representations in a Property Condition Statement (PCS). The purchaser Mr. Tashereau brought an action before the Court of Queen’s bench in Manitoba against the …
SPIS ~ Lance and Wright
SPIS ~ water flow This was a case in the Supreme Court of British Columbia in 1997 involving the use of the Property Condition Statement. Mr. and Mrs. Lance purchased …
SPIS ~ Hunt and Eagle Auto
Defect in the Dishwasher This matter was a trial in the Small Claims Court at Stratford, Ontario in 2003. Mr. and Mrs. Hunt acquired certain premises in Stratford comprising both …
Agreements “of” and “for” Sale
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 first category is …
Good Title and Better Title
The traditional definition of good title in law, is a title without any qualifications, exceptions or explanations. A solicitor’s opinion on title would point out any matters that were relevant …
Real Estate and the Law of Disclosure
The general rule of law in Ontario concerning the purchase of land is that of “caveat emptor“, or as translated “let the buyer beware.” At common law this principle stood …
SPIS – Weinman and Brinkman
Better to ask about a SPIS This was a Small Claims Court decision in Toronto involving the use of the Seller Property Information Statement. Briefly, the purchaser acquired a real …