Brian Madigan LL.B., Broker

RE/MAX West Realty Inc.,
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: clause

Getting Around the Bhasin Decision (Part 2) The Rationale

March 4, 2018 - Updated: March 4, 2018Contracts

Getting Around the Bhasin Decision (Part 2) The Rationale We did look at a circumstance where it was necessary to draft up a suitable cl ...

Tagged with: bhasin v. hrynew rationale avoidance of doctrine principle contract clause ontario law

Getting Around the Bhasin Decision

March 3, 2018 - Updated: March 3, 2018Contracts

Getting Around the Bhasin Decision From time to time, it’s necessary to submit an Offer which is truly “conditional” a ...

Tagged with: bhasin v. hrynew good faith avoidance work around clause ontario law

Interpretation of the Lawyer’s Approval Clause

November 9, 2017 - Updated: November 9, 2017Contracts

Interpretation of the Lawyer’s Approval Clause This particular clause has always led to discussion. The application of the ...

Tagged with: lawyers approval meaning clause good faith honesty ontario law

Buyer's Swimming Pool Clause for Late Winter

February 20, 2017 - Updated: September 4, 2017Buyers

A Buyer’s Swimming Pool Clause for Late Winter A difficulty arises in the Winter, after the pool is closed and before it is open ...

Tagged with: swimming pool risk buyer protection clause ontario

Lawyer's Approval Must be Exercised in Good Faith

November 15, 2016 - Updated: November 15, 2016Buyers

Lawyer’s Approval: Must be Exercised in “Good Faith” Legal Terms or Business Terms? You will often see a ...

Tagged with: lawyer approval clause contract legal terms business terms good faith 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

HST Clause in the Agreement of Purchase and Sale

April 14, 2016 - Updated: April 14, 2016Contracts

HST Clause in the Agreement of Purchase and Sale From time to time, the HST clause in the Agreement of Purchase and Sale is filled out ...

Tagged with: hst clause agreement of purchase and sale orea

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

Chattels Clause:

September 3, 2015 - Updated: October 8, 2016Chattels and Fixtures

What’s Wrong with the “Good Working Order” Clause (Chattels)? A fairly standard and regular clause that has been use ...

Tagged with: chattels clause good working order problems interpretation ontario law

Using the Right Warranty Clause for Chattels

August 31, 2015 - Updated: August 31, 2015Chattels and Fixtures

Chattels Condition Clauses One of the problems using precedents is the fact that there is often “one stop shopping”, or &l ...

Tagged with: chattles warranty limited restricted clause 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

Entire Agreement Clause ~ Restricted Use

July 27, 2013 - Updated: July 27, 2013Seller Property Information Statements (SPIS)

For those who enjoy and relish in the strict application of the law, a recent decision of the Divisional Court will not be appreciated. ...

Tagged with: spis sobocynski beauchamp entire agreement clause misrepresentation negligence

Unfortunate Scenario for Buyer’s Agent without Priority

June 23, 2013Real Estate Agents

Consider the following set of unfortunate circumstances. Bill bought a lakefront cottage through Bob of ABC Realty for $500,000.00 las ...

Tagged with: commission priority protection clause

Protecting Your Commission in the Case of a Shortfall of Funds on Closing

June 12, 2013 - Updated: June 12, 2013Real Estate Agents

Let’s assume that you are the buyer’s agent and you have been told that the property have been mortgaged to the hilt, the taxes are ...

Tagged with: commision protection insurance trust bra closing clause

Agent Disciplined ~ No Home Inspection Condition

February 15, 2013 - Updated: July 3, 2016Discipline (Agents)

The Liability of an Agent for Failure to Recommend a Home Inspection Condition in the Offer Recently, the Court of Queen’s Bench in Ne ...

Tagged with: home inspection condition clause agent liability discipline dual agency conflict ontario law article

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

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