Question: I bought a condo and a day before the closing, I found out that the washing machine is not working. Can I request my lawyer to holdback funds, like …
Rental Furnace and Right of Removal
Question: I bought a house and the Listing stated that the furnace was a rental and would be paid out on closing. Naturally, I did not assume the furnace in …
Rental Contract Assumption: Agent Liability
Question: My hot water tank was a rental and I wanted it to be assumed by the Buyer. It was mentioned in the Listing as a rental item. However, now …
Failure to Cancel Listing ~ Agent Discipline
The Real Estate Council of Ontario (RECO) had to deal with the issue of the cancellation of a listing agreement. The agent apparently indicated that the listing agreement could be …
Liability For False Statement about Flooding
The case of Costa v. Wimalasekera was an action in Small Claims Court in Erin, near Orangeville Ontario in 2012. The case was appealed to the Divisional Court which held …
Install Battery Operated Smoke Detectors Immediately
Within the last few years (March 2013), in Sharon, Ontario, a small community just north of Toronto, four adult members of the Dunsmuir family died in a house fire. They had a traditional …
Informed Consent for Real Estate Professionals
Gradually, the doctrine of “informed consent” is working its way into the real estate field. First, it took hold in the field of medical malpractice and professional liability. Now, it …
Uniqueness: When it comes to Subdivision Home
When is a subdivision home unique? A Court recently looked at this and concluded: Uniqueness must take into account: all the surrounding circumstances, including the purchaser’s “wish list”, the market …
Recommending Contractors Without Fear
A common situation for real estate agents is recommending contractors. No matter who you are, many people seem to look to real estate agents as the “go to people” for …
Can You Do an End Run Around the Agent?
From time to time, a seller will think that the agent didn’t really earn their commission. It may be that a neighbour or friend approaches them after they have …