Always Get a Building Permit

By Brian Madigan LL.B., Broker This is the lesson learned by an elderly Toronto couple. Mr. and Mrs. Tseng purchased their older turn of the century home on Brunswick Avenue …

Failure to Clarify “Description”

In order to be “enforceable”, real estate contracts must be “definite and clear”. So, here, the Courts will look to: 1) parties, (sufficient to identify) 2) price, (capable of ascertainment) 3) description, …

Failure to Clarify “Price”

  In order to be “enforceable”, real estate contracts must be “definite and clear”. So, here, the Courts will look to: 1) parties, (sufficient to identify) 2) price, (capable of ascertainment) 3) …

Ingredients of an Enforceable Real Estate Agreement

By Brian Madigan Ll.B. There are several essential elements of a contract: 1)      Parties, (legal capacity) 2)      Lawful object (not illegal) 3)      Intention to create contract (consideration or seal) 4)      Mutual agreement …

Basic Contract Elements

When is an agreement binding? Effectively, there are two choices: 1) as soon as the offer is formally accepted, as in “signed, sealed and delivered”, and 2) when all the conditions …

Related parties?

Who are You Related to? (for real estate purposes) By Brian Madigan  LL.B. Are you related to cousin Vinny? Well, you were until 31 March 2006 and now you’re not. …

Meaning of “Acceptance” (SCC)

The Legal Definition of “Acceptance” Since the art of negotiating is very much part of every real estate deal, and it is the offer and the acceptance of that offer …

Air Rights Explained

Air Rights Explained     There are “air rights” and then again there are “air rights”, and of course they are two completely different things. So, let’s deal with the …

Swimming Pool Clause for the Winter

Swimming Pool Clause for the Winter “The parties agree that the swimming pool shall be opened not later than xx April, 2021, by a professional pool maintenance company, selected by …