Question: A locker was improperly described in a condominium complex. The Listing was wrong. The Agreement of Purchase and Sale was wrong. The Buyer’s agent (the purchaser’s own mother) didn’t …
Listing Expiration and the Holdover Commission Clause
Question: I acted for a Buyer who submitted an Offer on a property. The Seller refused to sell, and it’s now off the market. The Seller absolutely refuses to deal …
Listing Agent’s Duties When Confronted with a Defect
So, what does the Listing agent do when a defect shows up? This is something, of course, that they didn’t know about at the outset. It may have been concealed, …
Liability For Consequential Losses
We are still looking at Drolet v ReMax Riverview Realty Ltd (2016). In this case, the plaintiff purchased a property which he believed to be a “buildable lot”. In fact, …
Legal Triplex Plus One “Additional Unit”
Question: A home is listed as a “legal non confirming triplex” with supporting documentation. The owner decided to add a 4th unit in the home to increase the rental income …
Legal Grow House Disclosure (Ontario)
Question As a Listing Agent, the house and owner were granted a Commercial Marihuana Grow Op license for 100 plants. When owner moves, license does not stay with the property. …
Lawyer’s Approval: Must be Exercised in “Good Faith”
Legal Terms or Business Terms? You will often see a clause in an Offer as follows: “subject to lawyer’s approval”. But, just exactly what does that mean? The answer, unfortunately …
Interior Dimensions and Accuracy ~ Be Careful
Double Check Measurements By Brian Madigan LL.B. How important are the actual measurements of a room? Does size matter?Sometimes, it does. Possibly the prospective purchaser is undertaking some rough calculations …
Execution of the Mutual Release in Real Estate Transactions
The issue presents itself with every failed transaction. Sign the Mutual Release, give the Buyer his deposit and move on. But, is that really the best idea? In a number …
Documenting a Co-operating Commission Increase
Question: I am a Listing Agent. The Listing is at 4.0% with 2.0% being offered to the Co-operating Brokerage. The Buyer’s agent wants his side increased from 2.0% to 2.5%. …