It is important in a real estate transaction to be armed with the facts. Material facts are those facts which will be important to a person buying or selling real …
Seller’s Deposit Clause
Sometimes the deposit is just not paid. I know that it’s supposed to be paid. What happens if the purchaser doesn’t pay the deposit? Can the vendor get out of …
Seller wants to Close but Stay in Possession for Two Weeks
Question: For a variety of reasons we have a situation where the Seller needs to close on the house sale, so that they can purchase their smaller property. Neither have …
Cancellation of the Listing ~ Is it Over?
Maybe not! You negotiated and signed a Cancellation with your first agent. Now, you are about to enter into a new listing with your second agent. Might you still owe …
Initialling Changes on an Agreement of Purchase and Sale
As simple as it may seem, in practice, there is something of a difficulty when it comes to initialling changes to an Agreement of Purchase and Sale. Reasons There are …
Interpretation of Initials on Contracts and the Potential for Confusion
The standard form OREA Agreement of Purchase and Sale requires initials to be placed on every page for the purposes of acknowledgment except the actual signing page. The difficulty is …
Interesting SPIS Representation Clause
There is a clause that some Buyers representatives seek to include in an Agreement of Purchase and Sale. At first, it seems somewhat innocuous, but on further reading, should you …
Specific Performance as a Remedy in Ontario
Question: I am representing the buyers in a deal that is firm and set to close in a few weeks. The Listing Agent says her client wants to back out …
Roof Patched, Leaks and Late Discovery
Question: Buyers have noticed an active leak in the roof of an extension to the main building. They noticed the damage on the day they took possession, but thought it …
Seller’s Remedies Having Signed a Mutual Release
You can probably imagine that a Seller may be upset, sign a Mutual Release and then regret it afterwards. This would particularly be the case if the Seller felt that …