What can the Seller do if the deposit is late or doesn’t arrive at all? There are essentially two options: Affirm the transaction, waive the breach and elect to proceed …
Brian Madigan’s “Material Facts” CHECKLIST Part 4
Here is one further section, on “Local Area and Municipal Issues (Zoning and Building)”. These will all require some sort of response from the seller/owner. The list of items is …
Doctrine of Merger ~ Just Simplification
The doctrine of merger is an ancient common law doctrine. Essentially it is just simplification. Let’s look at three examples: 1) Tenant purchases leased land, 2) Purchaser completes the closing, …
Commencement of Good Faith and Honesty Doctrines
When does good faith and honesty start when it comes to contracts? Well, the first thing that you have to have is a contract. So, that means that the two …
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 …
Where is Your Front Yard?
By Brian Madigan LL.B. Where is your front yard? Sometimes, this can be a problem. You want to landscape, but you are not quite sure where to put the brick …
Joint Tenancy Issues
Question: I am about to list a property for sale, but when I checked there are actually three persons named as joint tenants. Only two are my clients Answer: The …
Termination of Joint Tenancy
Matrimonial Home Spouse and One Other Question: I was looking on line for precedent to support the argument that 26(1) of the FLA does not sever a joint tenancy of …
Irrevocability Clause –Ambiguity Resolution
One of the very basic steps in the Offer/Acceptance interplay is the irrevocability provision. One would expect absolute certainty here, but do we actually have it? Irrevocability Provision This is …
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 …