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

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Posts tagged with: agreement

Is the Buyer Entitled to Vacant Possession?

September 10, 2018 - Updated: September 10, 2018Litigation

Is the Buyer Entitled to Vacant Possession? This was a question that arose in the recent case Sivasubramaniam v. Mohammad, 2018, decided ...

Tagged with: vacant possession agreement parol evidence entire agreement ontario law

“Earned Payment Non-refundable Deposit” Clause

January 22, 2018 - Updated: January 22, 2018Contracts

“Earned Payment Non-refundable Deposit” Clause We looked at the issue of the proper need to adjust the wording in respect to ...

Tagged with: non-refundable deposit clause agreement deposit forfeiture penalty explanation 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

Bathroom Mirrors - Are they Included?

November 4, 2016 - Updated: November 4, 2016Chattels and Fixtures

Bathroom Mirrors - Are they Included? Interesting question! Actually, they do fall close to the gray area. The answer is: sometimes &l ...

Tagged with: mirrors bathroom fixtures chattels determination agreement 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

Adding a Seller to an Agreement

August 30, 2016 - Updated: August 30, 2016Contracts

Adding a Seller to an Agreement This is much more unusual than adding a Buyer. But, it does happen on occasion. The Seller / Owner of ...

Tagged with: agreement adding seller omitted by error mistake rectification amendment new agreement ontario 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

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

Rental Items Clause in the Agreement of Purchase and Sale

April 12, 2016 - Updated: April 12, 2016Contracts

Rental Items Clause in the Agreement of Purchase and Sale The issue of Rental Items has now become quite important in an Agreement of ...

Tagged with: rental items chattels fixtures agreement ontario law

Irrevocability Clause - Resolving the Ambiguity

April 8, 2016 - Updated: April 8, 2016Contracts

Irrevocability Clause –Ambiguity Resolution One of the very basic steps in the Offer/Acceptance interplay is the irrevocability ...

Tagged with: irrevocability clause agreement orea when due ontario law

Deposits - Selecting the Right Clauses

April 7, 2016 - Updated: April 8, 2016Contracts

Payment of the Deposit and Selecting the Correct Clause From time to time agents run into problems with the deposit clause in the stan ...

Tagged with: deposit clause orea agreement certified cheque interest amount stakeholder ontario law

Understanding the Delivery of Notices under the Agreement of Purchase and Sale

April 7, 2016 - Updated: August 24, 2016Contracts

Understanding the Delivery of Notices under the Agreement of Purchase and Sale Sometimes, agents can run into difficulty giving or rec ...

Tagged with: agreement form orea notices delivery ontario law

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

Notices of Fulfillment and Waivers

January 25, 2016 - Updated: January 25, 2016Contracts

Waivers and Notices of Fulfillments The Notice of Fulfillment was created specifically to firm up a transaction that included a True C ...

Tagged with: notice fulfillment nof waiver condition agreement firm up deal ontario law

Buyer Customer Service Agreement -Brian Madigan - Explained

June 5, 2015 - Updated: June 5, 2015Agency

Buyer Customer Service Agreement – Brian Madigan - Explained Be careful about printing this, it will run over 35 pages. This is ...

Tagged with: buyer customer service agreement contract expalined explanation brian madigan code of ethics rebba 2002 ontario law

Buyer Customer Service Agreement (Part 3) - The MANDATE

May 31, 2015 - Updated: May 31, 2015Agency

Buyer Customer Service Agreement (Part 3) - The Mandate We will review the “ Mandate” provisions in the Customer Service a ...

Tagged with: buyer customer service agreement code of ethics rebba not agent ontario law

Buyer Customer Service Agreement (Part 2) - PARTIES

May 31, 2015 - Updated: May 31, 2015Agency

Buyer Customer Service Agreement – PARTIES We will review the “Customer Service” agreement in detail. My comments wi ...

Tagged with: customer service agreement rebba agency non agency ontario law

Agreement of Purchase and Sale Course

October 31, 2014Courses

Agreement of Purchase and Sale ~ Real Estate Education Series The course on the “The Agreement of Purchase and Sale: A Detailed ...

Tagged with: agreement offer to purchase course workshop seminar presentation

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

Guaranties or Indemnities ~ Which Do You Prefer?

May 1, 2014 - Updated: May 1, 2014Property Law

Guarantees or Indemnities Despite the fact that they are both in common usage, the answer should be clear: Indemnities. In ...

Tagged with: guarantee guaranty indemnity indemnification agreement liability primary secondary ontario law

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

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

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

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

Customer Service ~ Open House

May 28, 2013 - Updated: May 3, 2016Real Estate Agents

Question: Customer service agreements... I'm not clear on how it actually works in practice.... Is it recommended for a sales ...

Tagged with: customer service level rebba code non agency agreement

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

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

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

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