Unique This is an interesting case. The Dhatts as Buyers are suing the Beers as Sellers. Just prior to closing, Mrs. Beer had “sellers’ remorse and refused tom close. The …
Specific Performance Granted, Seller Lacked Funds
The Ontario Court of Appeal considered a case where it was clear that the Seller lacked funds to appropriately compensate the Buyers. Consequently, Specific Performance was granted. The Court in …
Ontario Court of Appeal Revisits Specific Performance
Lucas and Howard Park The Ontario Court of Appeal looks like it is re-opening the aspect of uniqueness and providing a little more flexibility for Buyers in its 2021 decision …
Specific Performance as a Remedy
Semelhago v. Paramadevan Traditionally, the standard common law remedy in the case of a Seller’s default on a real estate transaction was “specific performance”. The Court would grant title to the Buyer. …
Working with a Realtor Form for Leases?
Question: When listing a lease, do you get them to sign a Working with a Realtor (WWR) Form 810? Answer: WWR is a strange document and doesn’t meet the requirements …
The Liability of a Minor under a Contract in Ontario
Question: Contracts in Ontario are voidable by minors. If so, why would anyone ever deal with a minor? Answer: The intention is to prevent adults from taking advantage of minors …
The Duty to Disclose Kitec Plumbing by Real Estate Agents
Just what is Kitec? Kitec plumbing is made up of flexible aluminum pipe between an inner and outer layer of plastic pipe (PEX pipe) with brass fittings. Kitec was sold between 1995 …
Fundamental Difference Disclosure
Stigma Disclosure in Canada Revisited For years, I followed what I believed to be the traditional advice of lawyers concerning disclosure and caveat emptor. Basically, there had to be a …
Signing the Acknowledgement in Advance
Question: Is it OK to sign the Acknowledgement on standard form OREA Agreements of Purchase and Sale in advance. I have noticed that may agentys do this. It would be …
Seller Might Die Before Closing
Question: What happens if the Seller dies before the closing date? The Seller has already signed an Agreement of Purchase and Sale by an Attorney pursuant to a Power of …