Privity: Contract and Estate

Privity of Contract This is the precise relationship between two parties to a contract. They each have rights to sue one another because they have “privity of contract” An independent …

Preference for Warranty Clauses

Consider the following type of clause: “The Seller represents and warrants to the best of his knowledge and belief that the swimming pool and equipment are now, and on the …

One Attempt at Financing is Not Enough

The Supreme Court in British Columbia just considered a case involving attempts to secure financing Drover v. Steer (15 October 2018). Clifford Drover worked for the Canadian Military. He was …

Disposing of Files in Ontario

Question: When can I finally throw things out? I have been in the real estate business for twenty years. What do you have to physically keep when it comes to …

UFFI Considerations (Ontario)

Urea Formaldehyde Foam Insulation or UFFI continues to present a problem for both Buyers and Sellers. The off-gasses are long since gone, but the stigma remains. Essentially, Buyers want a …

Claim Over in Litigation

Parties to a Lawsuit If there is a lawsuit against a party, the person “suing is the Plaintiff and the person who is being sued is the Defendant. Sometimes, there …

Toronto and GTA Markets in June 2022

This is the recently released report of the Toronto Regional Real Estate Board concerning the June 2022 results: “July 6, 2022 – Higher borrowing costs continued to impact home sales …

Waivers are Good Enough!

There are three kinds of Conditions: 1) True Conditions Precedent, 2) Conditions Precedent, and 3) Conditions Subsequent. A True Condition Precedent involves a decision by a Third Party. It cannot …