What happens if a defect of some kind is discovered right before closing? This could easily take place on the Buyer’s final walkthrough. At this point, the Seller has moved …
Deal Closed Roof Completed in 2014 or 2019 (Ontario)
Question: I bought a house last year. The Flyer and the MLS both stated that the roof was “done” in 2019. I was up in the attic and found an …
Customers in Nova Scotia Real Estate
In the Province of Nova Scotia, customers are just like Ontario. This is the explanation on the website of The Nova Scotia Real Estate Commission: CUSTOMER RELATIONSHIP A buyer or …
Competing Offers and Disclosure
Competing offer situations—commonly referred to as bidding wars—are common in some areas of Ontario. As of July 1, 2015 real estate professionals across Ontario have new rules for how they …
Caveat Emptor on Kitec
Question: Does the Listing Agent have to disclose the presence of Kitec plumbing on the listing? Answer: The basic principle is “Buyer Beware”, so that means everyone is out there …
Using a Common Survey Clause (Ontario)
Question: Consider the use of the following clause which is in common usage: “The Seller agrees to provide, at the Seller’s own expense, not later than 9 pm on the …
The Expression “As Is” is without meaning in Ontario
Question: I am looking at a Listing that says the property “AS IS”. What exactly does that protect the seller from, if anything? Answer: The “as is” clause often added …
Brokerage’s Schedule “B” Deposit Clause favouring Sellers
Here’s a clause being used by some Listing Brokerages, as set out in their Schedule B’s: “Once this Agreement becomes unconditional, should the Buyer fail to complete this agreement on …
Appraisal Less than Purchase Price
Question: The Agreement of Purchase and Sale contains the following clause: “The Seller and the Listing Agent agree to co-operate in providing access to the property up until the closing …
Understanding the Delivery of Notices under the Agreement of Purchase and Sale
Sometimes, agents can run into difficulty giving or receiving proper Notice pursuant to one or more of the provisions contained in the standard Form Agreement of Purchase and Sale. This …