So, what does the Ontario Court of Appeal think about the Seller Property Information Statement drafted by OREA and commonly used in many transactions? Let’s have a look at the …
The Law of Negligent Misrepresentation for Vendors of Real Property
The law of negligent misrepresentation in respect to a real estate transaction was recently reviewed by the Ontario Court of Appeal in Krawchuk v. Scherbak (May 2011). The court confirmed …
SPIS Wording No Defence for Agents
Frequently it is believed that the wording in a document governs the relationship between the parties. That’s an argument made by many industry professionals in respect to the completion of …
Imposition of Liability upon Sales Representative and Sellers in Real Estate Transaction
Here’s a quick review of the facts in the Krawchuk and Scherbak case: Facts The sellers knew that: •· the foundation of the house was seriously compromised and •· there …
Inadequate Disclosure: Sellers and Brokerage both Liable to Buyer
The sellers, Scherbaks knew that there were some problems with the foundation. The real estate sales representative, Wendy Weddell knew that too, but failed to pursue the issue on inquiry. …
Queen v. Cognos (1993)
Queen v. Cognos Inc., [1993] 1 SCR 87 was an interesting case involving negligent statements. This is important because fraud is very difficult to prove, and the courts will impose …
BG Checo (1993)
BG Checo International Ltd. v. British Columbia Hydro and Power Authority,[1993] 1 SCR 12 This case was considered by the Supreme Court in 1993. It involved claims which could equally be …
Fraser-Reid (1980)
The case of Fraser-Reid v. Droumtsekas in the Supreme Court of Canada (1980) dealt with several important legal principles including, caveat emptor, the doctrine of merger, implied and express …
Execution of the Spousal Consent
Agreements of Purchase and Sale in Ontario contemplate the need for the execution of the Spousal Consent. Most married couples will own their matrimonial home in joint tenancy. In such …
The Evolving Duties and Responsibilities of “Agents”
There are five primary sources of new legal requirements for real estate agents: Statutory laws, Regulatory laws, Changes to the local MLS rules and regulations, Discipline cases published by RECO, …