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 …
Make a Partial Payment Instead of an Increased Deposit
There are very good reason from the perspective of the Buyer that the deposit should not be increased too much. Once a certain level has be reached additional moneys should …
Court Confirms Duty to Read Electronic Documents
A real estate agent and a client were undertaking business together by “long distance”. Documents were forwarded by an electronic software and signature platform known as “Authentisign”. Included among the …
Specific Performance Considerations in Residential Transactions
A Court in Newfoundland had to consider the application of the laws of specific performance. Not unexpectedly, a good number of the cases were drawn from Ontario. In Johnson v. …
Mutual Releases – The Practice in Ontario
Question: Why do we insist on a Mutual Release when a deposit was never paid? The Agreement of Purchase and Sale already says it becomes “null and void” if a …
Notices Wording in the Agreement of Purchase and Sale
3. NOTICES: The Seller hereby appoints the Listing Brokerage as agent for the Seller for the purpose of giving and receiving notices pursuant to this Agreement. Where a Brokerage (Buyer’s …
Lot Falls Short of “more or less”: Deposit Returned
The Ontario Court of Appeal released a decision about a deposit on 12 December 2018 in Hosseinzadeh v. Pringle. The case is rather straightforward. The parties were troubled over the …
Caution: Using a Notice of Fulfillment for an Inspection Condition
Sometimes Buyers will use the Notice of Fulfillment to remove the inspection condition. Here’s how that provision, as annotated usually reads: Inspection: Actual Condition This Offer is conditional upon the …