This site uses cookies.

The types of cookies we use, and the way we use them, are explained in our Privacy Policy. By clicking "Accept" or continuing to use our site, you agree to our use of Cookies.
More information


 

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

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

96 Rexdale Blvd. 
Toronto, Ontario 


Phone: 416-745-2300

Cell: 647-404-8150 
Toll Free: 1-888-507-0817

Search in:  
    
    
       

Sort by:

Writing Clauses Course

July 1, 2019 - Updated: July 1, 2019

Writing Clauses Course
 

I am putting together a new Course on Writing Clauses. There’s really no “right” answer, but naturally there are various approaches to any issue that may be more suitable depending upon the facts and also the Agent’s interest in protecting their own client.
 

The presentation will deal with various scenarios. Attendees will draft their own clauses and then have an opportunity to assess their own drafts with the benefit of class discussion.
 

Once we have a suitable clause, we need to consider whether it is suitable for the Seller. What would a Seller’s clause look like? Also, what would the compromise clause look like?
 

This is a list of clauses and topics for the program :
 

  1. Vacant Possession
  2. Chattels Warranty
  3. Swimming Pool in the Winter
  4. Water Leakage
  5. Adding Party
  6. Boundary Dispute
  7. Second Unit Legal Non-Conforming
  8. Waterfront Access
  9. Driveway Access
  10. Mutual Driveway Confirmation
  11. Septic System
  12. Well Water
  13. Taxes Appealed
  14. Tenant Takeover
  15. Retaining Wall Support
  16. Fence Encroachment
  17. Contaminated Soil
  18. Estate Probate
  19. Deposit
  20. Land Description
  21. Acquisition of Second Property
  22. Capricious Walk Away
  23. Vacant Lot Risk
  24. Boathouse, Dock, and Deck Location
  25. Seasonal Flooding


Here are the first five:
 

  1. Vacant Possession
     

You are acting for Buyer John Smith who has seen a suitable property on Georgian Bay which would serve as a summer home for his family. He just received a promotion at work and the boss will be retiring. He wants to host a retirement party for the boss and announce his promotion at the same time in a casual atmosphere. The summer home would be perfect on Monday, 1 July 2019.
 

This deal has to close on Friday, 28 June 2019. It can’t be put over to Tuesday. It absolutely MUST close on time. He will have some guests arriving Friday night, the weekend to get the property ready for the party and, of course, Monday for the party.
 

If the deal can’t be closed on time, he would just as soon keep looking for another property over the summer which might be a better vacation home for the family. They are hard to find. You have been out looking with him for the last two summers.
 

What type of a clause would you place in the Offer? Please draft one which would address the issues.
 

  1. Chattels Warranty
     

You are acting for Mary and John Smith, first time homebuyers. You have finally found the perfect condominium apartment for them. It’s an Assignment. It’s never been occupied which is very appealing and it contains brand new appliances: fridge, stove, dishwasher and microwave which have never been used. They find this to be a major bonus and because of this, want to put in an Offer.
 

What type of a clause would you place in the Offer? Please draft one which would address the issues.
 

  1. Swimming Pool in the Winter
     

Robert and Mildred Zimmerman are “trade up” purchasers. You have located a beautiful property with a pool, but it’s January. The pictures of the pool from the summertime are fantastic. They love the idea of the pool and know that they are really not paying full price for the pool. The pool is about 20 years old and was closed by the homeowner. They are looking to close the end of March because that’s what the Seller wants, but will the pool work in May?
 

What type of a clause would you place in the Offer? Please draft one which would address the issues.
 

 

  1. Water Leakage
     

Paul Hewitt, your client has just attended the home inspection with you. The home inspector indicated that there has been flooding in the past in the basement. Apparently, upon inquiry you found that the Listing Agent is not surprised and the Seller will be agreeable to fixing the problem. The Home Inspection clause is due tomorrow.
 

What type of a clause would you place in the Offer/Amendment? Please draft one which would address the issues.
 

 

  1. Adding Party
     

William Dafoe and Kathleen Dafoe are first time homebuyers. They have found a very suitable place. It’s perhaps just a little out of their price range. As it turns out, that’s true. The Bank wants William Dafoe Sr. to buy this property as well and they will approve the mortgage.
 

What type of a clause would you place in the Offer/Amendment? Please draft one which would address the issues.
 

 

COMMENT
 

If you have good suggestions, please send them along. If you have other clauses that you would like to see addressed please send them along too.
 

Brian Madigan LL.B., Broker

www.iSourceRealEstate.com


Tagged with: course clause drafting issues buyer seller
| | Share

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

BRMadigan@Rogers.com

Powered by Lone Wolf Real Estate Technologies (CMS6)