Brian Madigan LL.B., Broker
BRMadigan@iSourceRealEstate.com

RE/MAX West Realty Inc.,
Brokerage
Independently owned and operated

96 Rexdale Blvd. 
Toronto, Ontario 


Phone: 416-745-2300
Toll Free: 1-888-507-0817

 

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Seller Has Legal Obligation to Update Representations at Closing

July 14, 2017 - Updated: July 14, 2017Agreement of Purchase and Sale

Seller Has Legal Obligation to Update Representations at Closing The matter of the Remedy of Rescission has been raised again in a recen ...

Tagged with: seller. legal obligation update representations ontario lawclosing

Updating the Illegal Substances Clause

July 13, 2017 - Updated: July 13, 2017Agreement of Purchase and Sale

Updating the Illegal Substances Clause A recent case in Ontario Superior Court calls into question a familiar and frequently used clause ...

Tagged with: illegal substances clause update beatty v. wei. ontario law

Should You Get the Acknowledgement Signed by the Other Side?

February 23, 2017 - Updated: February 23, 2017Agreement of Purchase and Sale

Should You Get the Acknowledgement Signed by the Other Side? The Standard Form Agreement of Purchase and Sale contains an Acknowledgem ...

Tagged with: agreement orea form 101 notices acknowledgement litigation

Refusing to Accept the Waiver (the Consequences)

December 12, 2016 - Updated: December 12, 2016Agreement of Purchase and Sale

Refusing to Accept the Waiver (the Consequences) It is a popular belief that in certain circumstances, only a Notice of Fulfilment (NO ...

Tagged with: waiver notice of fulfillment nof conditions precedent subsequent true orea ontario law

Notice of Fulfillment or Waiver - The Debate

December 9, 2016 - Updated: December 11, 2016Agreement of Purchase and Sale

Notice of Fulfillment or Waiver (The “Debate”) A question that seems to arise frequently is the use of the Waiver and the ...

Tagged with: waiver notice of fulfillment nof conditions precedent subsequent true orea ontario law

The Right to a Final Inspection

September 12, 2016 - Updated: September 12, 2016Agreement of Purchase and Sale

The Right to a Final Inspection Once you buy a property are you allowed to have another look? Now, once you own it, you can look at it ...

Tagged with: agreement contract right of inspection implicit common law precedent ontario law bc law

Interpretation of Initials on Contracts and the Potential for Confusion

June 14, 2016 - Updated: June 14, 2016Agreement of Purchase and Sale

Interpretation of Initials on Contracts and the Potential for Confusion The standard form OREA Agreement of Purchase and Sale requires ...

Tagged with: agreement initials count confusion ontario law

Initialling Changes on an Agreement of Purchase and Sale

June 13, 2016 - Updated: June 13, 2016Agreement of Purchase and Sale

Initialling Changes on an Agreement of Purchase and Sale As simple as it may seem, in practice, there is something of a difficulty whe ...

Tagged with: changes initial double duty triple duty propose aceept agree acknowledge ontario law

Interesting SPIS Representation Clause

June 8, 2016 - Updated: June 8, 2016Agreement of Purchase and Sale

Interesting SPIS Representation Clause There is a clause that some Buyer’s representatives seek to include in an Agreement of Pu ...

Tagged with: spis clause error law incorrect wrong statement ontario law

The Title Clause Explained: Agreement Purchase and Sale

May 26, 2016 - Updated: May 28, 2016Agreement of Purchase and Sale

Title Clause The agreement between the parties concerning "title" to the property is in essence the "bargain" betw ...

Tagged with: agreement title objections good title insurable title orea form 100

Should You Prepare a Clarity Copy?

February 11, 2016 - Updated: February 27, 2016Agreement of Purchase and Sale

Clarity Copies of Unreadable Agreements From time to time, copies of Agreements of Purchase and Sale will simply be unreadable. ...

Tagged with: agreement illegible calrity copy code of ethics ontario law

Are You Entitled to Present Your Offer in Person?

December 9, 2014 - Updated: December 9, 2014Agreement of Purchase and Sale

Offer Presentment (Personally to Seller) An issue which arises on occasion is the presentation of Offers to Sellers. What is ...

Tagged with: offer present seller buyer mls rules code of ethics

Rules for Counting Days

October 16, 2014 - Updated: October 16, 2014Agreement of Purchase and Sale

Counting the Days, there should be some Rules! I see that there is a continuous discussion about how to count days. This really isn&rs ...

Tagged with: days counting agreements purchase and sale real estate ontario law

Changing the Use of the Property

September 10, 2014 - Updated: September 10, 2014Agreement of Purchase and Sale

Want to Change the Use? Let’s assume that you want to change the use of the property. What does the agreement say about that? Th ...

Tagged with: present use future use change condition warranty ontario law

The "Long Form" of Agreement of Purchase and Sale

August 21, 2014 - Updated: August 21, 2014Agreement of Purchase and Sale

There are actually two separate and distinct documents used to evidence an agreement to convey land: 1) agreements of purchase and sal ...

Tagged with: agreement purchase sale long form of for ontario law

Multiple Offers ~ Be Ready!

May 27, 2014 - Updated: June 2, 2014Agreement of Purchase and Sale

In Toronto’s competitive marketplace, buyers have to expect that they may be in a multiple offer environment. Basically, this m ...

Tagged with: multiple offers bidding wars toronto 2014

Phantom Offers: Are they Real?

April 10, 2014 - Updated: April 10, 2014Agreement of Purchase and Sale

Phantom Offers The real question is: does the phantom offer really exist! Maybe, and maybe not. A phantom offer, ...

Tagged with: phontom offers bidding wars toronto

Multiple Offers in the Toronto Spring Market for 2014

April 10, 2014 - Updated: April 10, 2014Agreement of Purchase and Sale

Multiple Offers and Bidding Wars In Toronto’s competitive marketplace, buyers have to expect that they may be in a multiple offe ...

Tagged with: toronto spring 2014 multiple offers bidding wars

21 Tips to Help You Win Bidding Wars REVISITED March 2014

March 3, 2014 - Updated: March 3, 2014Agreement of Purchase and Sale

21 Tips to Help You Win Bidding Wars REVISITED I thought that it would make sense to have a look at this topic once again. Several yea ...

Tagged with: bidding wars toronto gta spring market 2014

21 Tips to Help You Win A Bidding War

February 26, 2014 - Updated: February 26, 2014Agreement of Purchase and Sale

21 Tips to Help You Win Bidding Wars Everyone wants to win the bidding war, but just how do you go about it. So, here are so ...

Tagged with: bidding wars tips conditions inspections price toronto gta

Delivering the Self-Destructing Offer

December 22, 2013 - Updated: December 22, 2013Agreement of Purchase and Sale

If you have a self-destructing Offer, you obviously need to know how to deliver it, in order to make it work. Basically, you need to h ...

Tagged with: bidding wars delivery self-destructing offer ontario law

The Self-Destructing Offer May Help with Bidding Wars!

December 21, 2013 - Updated: July 21, 2015Agreement of Purchase and Sale

Self-Destructing Offer Sometimes, it would be good to have a self-destructing Offer! That means one that starts off as an O ...

Tagged with: bidding wars self-destructing offer self-exploding clause agreements ontario law

True Conditions Precedent Explained

December 1, 2013 - Updated: December 1, 2013Agreement of Purchase and Sale

Sometimes the issue of “true conditions precedent” arises in real estate transactions. Just quickly to summarize, there ar ...

Tagged with: conditions precedent true conditions subsequent ontario law

Real Estate deals over the internet ~ COMING SOON

November 27, 2013 - Updated: November 27, 2013Agreement of Purchase and Sale

No E-Mail Offers For some reason, real estate agents don’t want to believe this. They seem to think that you can do real estate ...

Tagged with: emai internet offers agreements real estate not permitted

When Does an Agreement become firm and binding?

November 23, 2013Agreement of Purchase and Sale

Ontario Real Estate Source By Brian Madigan LL.B. Effectively, there are two choices: 1) as soon as the offer is f ...

Tagged with: agreement binding enforceable ontario law

Can You Sue the Builder Just Because He says "It's Good Quality"?

November 18, 2013Agreement of Purchase and Sale

Builder’s Representation ~ Good Quality Ken Droumtsekas was a house builder in the Kitchener-Waterloo area. Here&rsquo ...

Tagged with: agreement statements mere pufffery no right to sue ontario law

No Implied Warranties for Resale Properties

November 18, 2013 - Updated: November 18, 2013Agreement of Purchase and Sale

Warranties (Implied) Must a house not leak? Must a house be able to continue standing after closing? Must a house be free of rats, ins ...

Tagged with: implied warranties express resale properties fraser-reid

3D Printer Clause

November 18, 2013 - Updated: November 18, 2013Agreement of Purchase and Sale

Here’s a new clause that deals with 3D Printer issues in real estate transactions: "The seller warrants that during the tim ...

Tagged with: marihuana grow house clause agreement

Be Careful Using the Chattels and Fixtures Clause

October 21, 2013 - Updated: October 21, 2013Agreement of Purchase and Sale

It’s easy to use the standard form documents without reading them. What else might there be? And, aren’t they the ones that the best ...

Tagged with: chattels fixtures standard orea clause

The Deal now is for "Insurable Title"

August 2, 2013Agreement of Purchase and Sale

The Title Bargain Changed In Ontario, until 2010, purchasers bargained for a marketable title. Now, that has changed, they now bargain ...

Tagged with: agreement title insurance orea form 100 bargain on title

Title Search Clause Compared ~ Residential and Commercial Forms

July 24, 2013 - Updated: July 24, 2013Agreement of Purchase and Sale

Residential and Commercial Differences in the Title Search Clause You might have thought that the provisions of the standard Form Agre ...

Tagged with: agreement purchase and sale title search clause 8 title search orea forms 100 500

Title Search Clause Explained (OREA Form 100)

July 24, 2013 - Updated: July 24, 2013Agreement of Purchase and Sale

“Agreement of Purchase and Sale” (Title Search) Clause #8 (OREA Form 100) The title search clause is often described a ...

Tagged with: title serach clause 8 orea form 100 agreement of purchase and sale ontario

Province Moves One Step Closer to E-Commerce in Real Estate Transactions

June 13, 2013Agreement of Purchase and Sale

On 12 June 2013, the Legislature of the Province of Ontario passed the budget. This was the Bill drafted by the Liberals and supported by the ND ...

Tagged with: e commerce internet electronic commerce act ontario real estate land property transactions

Standard Form Alberta Contract for Comparison

June 12, 2013 - Updated: June 12, 2013Agreement of Purchase and Sale

The Form that follows is the standard real estate agreement of purchase and sale used in Alberta. Have a look and you will see that some provisi ...

Tagged with: alberta standard form agreement contract purchase sale land property

Timing and Communication of Acceptance

June 9, 2013 - Updated: June 9, 2013Agreement of Purchase and Sale

Question When a counter offer is accepted by a purchaser and he signs acceptance when is the deal actually concluded: 1. As ...

Tagged with: acceptance meaning. communication method conclusion of contract

Number of Copies and Distribution (2, 3, 4 Originals)

May 28, 2013Agreement of Purchase and Sale

Let’s have a look at an actual real estate transaction and see what happens with the copies of the agreement. Assume the followi ...

Tagged with: copies distribution allocation parties brokerage

Number of Copies and Distribution (1 original)

May 27, 2013 - Updated: May 27, 2013Agreement of Purchase and Sale

Let’s have a look at an actual real estate transaction and see what happens with the copies of the agreement. Assume the followi ...

Tagged with: copies distribution allocation parties brokerage

How Many Copies of an Agreement do you Need?

May 25, 2013 - Updated: May 26, 2013Agreement of Purchase and Sale

This is a question that arises quite often. The common answers appear to be 6, 4, 2 and 1. Now, you would think that there would be so ...

Tagged with: copies original true executed signed certified notarial photocopies counterparts

What Do You Mean a “COPY” of an Agreement

May 23, 2013 - Updated: May 23, 2013Agreement of Purchase and Sale

Real estate agents often refer to “copies” of an agreement, but just what are they talking about? It would be wise to firs ...

Tagged with: copies original true executed signed certified notarial photocopies counterparts

Do the Keys Go with the House?

April 20, 2013 - Updated: April 20, 2013Agreement of Purchase and Sale

Sure they Do! This is a simple enough question. If you ask people; 99% will reply that keys are a part of the house. In fact, they are ...

Tagged with: keys key chattel fixture agreement

Flooding Statement False ~ Liability Follows

April 18, 2013 - Updated: April 18, 2013Agreement of Purchase and Sale

The case of Costa v. Wimalasekera was an action in Small Claims Court in Erin, near Orangeville Ontario in 2012. The case was appealed to the Di ...

Tagged with: flooding ponding normal use of words water rear yard spis ontario law article

Do the Fish automatically go with the House?

March 24, 2013Agreement of Purchase and Sale

Who cares? Really, this is a more complicated question than it might appear at first blush. Let's assume you have ten 50 cent goldfish ...

Tagged with: fish fixtures chattels wild domesticated agreement business rebba 2002

Vacant Possession ~ Is there a Precise Time?

March 13, 2013 - Updated: March 13, 2013Agreement of Purchase and Sale

Ontario Real Estate Source By Brian Madigan LL.B. This is a simple question and sometimes gives rise to signif ...

Tagged with: vacant posession time calculation rights remedies ontario law article

Vacant Possession ~ Ontario

March 12, 2013 - Updated: March 13, 2013Agreement of Purchase and Sale

Ontario Real Estate Source By Brian Madigan LL.B. This is a simple question and sometimes gives rise to signif ...

Tagged with: vacant posession time calculation rights remedies ontario law article

Minor Agreement Changes ~ Notices, Clarifications or Amendments

March 10, 2013 - Updated: March 10, 2013Agreement of Purchase and Sale

From time to time there will be some small glitches in an agreement. Some small matter was incorrect, misspelled, or overlooked in the “he ...

Tagged with: notice clarification amendment email ontario law

Contract Start Time

February 14, 2013 - Updated: November 4, 2015Agreement of Purchase and Sale

Contract Start Time Question: Precisely, when does a contract start to run? When does the clause time actually st ...

Tagged with: contract start finish commencement acceptance two steps ontario law article

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

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