The Regulator for the real estate industry, the Real Estate Council of Ontario (RECO) recently considered a case where the agent was substantially over-extended with a property. The agent took …
Is the Buyer Stuck with the Snowmobile Trail?
Question: An Offer presented on a 50 plus acreage parcel in rural Ontario. We have just found out that the Snow Mobile Trail crosses the property at the end, a …
Creating the Revocable Offer
Working Twice as hard on Bidding War Night From time to time, particularly in heated real estate markets it may be wise to draft a revocable Offer, that is, one …
Brokerages Should “Supervise”
This doesn’t really seem to happen very often in 2021. It did decades earlier, but that was based upon a model of “employment”. Brokerages would obtain the leads and drive …
No Deposit: The Seller’s Options!
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 …