Question: The Buyer is Customer. A property sells and when the transactions closes, the Buyer finds out that the Seller has removed a built-in dishwasher. Dishwasher was only pointed out …
Counter-Offer is not always a Rejection
A person receiving an Offer may: 1) Accept it,2) Reject it,3) Delay consideration until expiration. In most cases, in Ontario, a Counter-Offer is considered to be a “rejection”, unless: Rarely, …
Pre-Closing Inspection
(Ontario) Question: If it’s not mentioned in the Agreement of Purchases and Sale, May the Buyer see the property before closing? Answer: Whether stated or not stated, the Buyer has …
Builder’s Standard Form Blocks Recovery for Personal Injuries
There is an interesting case of Capelet v. Brookfield decided by the Ontario Superior Court on 8 December 2017. This was a claim for personal injuries, both physical and psychological, …
Agent’s Risk of Disclosing Far too Much!
There are two separate and distinct disclosure requirements, one under the Real Estate and Business Brokers Act, 2002 and the other, under the Code of Ethics. The Act requires disclosure …
Is the Buyer Entitled to Vacant Possession?
This was a question that arose in the recent case Sivasubramaniam v. Mohammad, 2018, decided by the Honourable Mr. Justice Robert Charney of the Ontario Superior Court of Justice on …
Deposit of 5% Forfeited notwithstanding Profit on Resale
The issue of the deposit came up once again in the Superior Court of Justice before Justice Shaw in Sinha v. Shabestari, 16 January 2018. …
Commissions Payable on FSBO Deals
Ontario Question: How does the commission arrangement work in a FSBO deal with a Customer Service Agreement? Answer: You are referring to Form 201 being the “Commission Agreement for a …
Disclosure of Former Grow-Op
(Ontario) This is the current view of RECO on this point. It became quite topical with the introduction of legal cannabis on 17 October 2018. This is the Ask Joe …
Securing the Farm Property Before Closing
Question: I have a Buyer client looking at a farm property and it has a ton of outbuildings that are full of antiques and other non-value items that have just …