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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: contracts

Acceptance: The Exact Timing

July 17, 2019 - Updated: July 17, 2019Agreement of Purchase and Sale

Acceptance: The Exact Timing Certainly, everyone wants to know that their Offer has been accepted, otherwise, there’s no contract. ...

Tagged with: contracts acceptance signing communication orea ontario law

Bhasin v. Hrynew Revisted

January 22, 2019 - Updated: January 22, 2019Contracts

Bhasin v. Hrynew Revisited It’s now been over four years since the Supreme Court of Canada released its decision in Bhasin v. Hryn ...

Tagged with: contracts good faith performance honesty. bhasin supreme court of canada

Make a Partial Payment Instead of an Increased Deposit

December 11, 2018 - Updated: December 11, 2018Contracts

Make a Partial Payment Instead of an Increased Deposit There are very good reason from the perspective of the Buyer that the deposit sho ...

Tagged with: contracts deposit partial payment alternatives clause ontario law

True Condition Precedent: A Notice of Fulfillment is Not Required

December 6, 2018 - Updated: December 6, 2018Contracts

True Condition Precedent: A Notice of Fulfillment is Not Required The Ontario Court of Appeal recently looked at a case involving a Tr ...

Tagged with: contracts true conditions precedent waivers notices of fulfillment ontario law

Signing Back an Offer and Accepting it too!

September 25, 2018 - Updated: September 25, 2018Contracts

Signing Back an Offer and Accepting it too! Question: I am acting for the Seller and we received a fairly good Offer, open until ...

Tagged with: contracts acceptance signback counter offer rejection without prejudice rejection ontario law

Specific Performance in Real Estate Transactions

August 21, 2018 - Updated: August 21, 2018Litigation

Specific Performance in Real Estate Transactions Do you get the property if the Seller changes his mind? The answer appears to b ...

Tagged with: contracts specific performance breach unique property measure of damages ontario law

The Place of “Intention” in the Interpretation of Contractual Agreements

June 29, 2018 - Updated: June 29, 2018Contracts

The Place of “Intention” in the Interpretation of Contractual Agreements Many people seem to be confused by the role of &ldq ...

Tagged with: contracts intention interpretation parol evidence rule ambiguity ontario law

Court Changes Basic Contract Law: Consideration

June 18, 2018 - Updated: June 18, 2018Contracts

Court Changes Basic Contract Law: Consideration The British Columbia Court of Appeal just changed the law of contracts on 18 May 2018. I ...

Tagged with: contracts consideration meaning limitations changes to contract enforceability ontario law

How to Change a Few Dates in the Agreement

April 7, 2018 - Updated: April 7, 2018Agency

How to Change a Few Dates in the Agreement This is an interesting issue. There are several approaches to this, and ultimately no correct ...

Tagged with: contracts amendments delete insert ontario law

Non Refundable Deposits in Real Estate Deals Through Earned Payments

January 21, 2018 - Updated: January 22, 2018Contracts

Non Refundable Deposits in Real Estate Deals through Earned Payments Deposit Clause in Agreement (first page) DEPOSIT: B ...

Tagged with: contracts agreements deposits refund forfeiture earned payments ontario law

Stackable Conditions Work Well

November 26, 2017 - Updated: November 26, 2017Contracts

Stackable Conditions Work Well You don’t always have to have all your Conditions spelled out one after the other taking up pages a ...

Tagged with: contracts agreements conditions stacked forms. orea ontario law

Can you just Walk away from a Conditional Deal?

September 28, 2017 - Updated: September 28, 2017Contracts

Can you just Walk away from a Conditional Deal in Ontario? Not anymore! Let’s assume that a Buyer submits an Offer conditi ...

Tagged with: contracts discretion conditions walk away bhasin v. hrynew ontario law

What is the Purpose of a Witness?

July 20, 2016 - Updated: July 20, 2016Contracts

What is the Purpose of a Witness? Just last year the rules were changed when it came to real estate contracts. Electronic signatures w ...

Tagged with: contracts digital signatures no witness enforceable legality electronic commerce act ontario law

Adding or Substituting Parties to an Agreement

April 28, 2016 - Updated: April 28, 2016Contracts

Adding or Substituting Parties to an Agreement Agreements often start out with the wrong people involved, or not enough of the right p ...

Tagged with: parties adding subtracting removing substituting contracts ontario law

Should You Get a Survey?

April 19, 2016 - Updated: April 19, 2016Property Law

Should You Get a Survey? A very substantial error occurred in a real estate transaction. The purchaser was interested in buying a cott ...

Tagged with: survey error fundamental mistake no rescission contracts ontario law

Who is Responsible for the Stolen Air Conditioner?

April 18, 2016 - Updated: April 18, 2016Contracts

Who is Responsible for the Stolen Air Conditioner? Sorry about that. There was no central air-conditioning in the first place. It was ...

Tagged with: contracts torts liability seller buyers real estate agents ontario law

Legally Justifying Bad Paperwork

July 23, 2015 - Updated: July 25, 2015Contracts

The Legal Justification for Bad Paperwork We looked at the issue of reviving old agreements: http://www.isourcerealestate.co ...

Tagged with: novation promissory estoppel contracts bad paperwork conditions null and void ontario law

Hundreds of Real Estate Agreements are at RISK!

June 29, 2015 - Updated: June 29, 2015Contracts

Real Estate Agreements - at RISK! Actually, it could be thousands. But, for the moment let’s concentrate upon the problem. ...

Tagged with: contracts risk unenforceable bill 55 digital offers e-signatures ontario law

Increasing Professionalism Through Disclosure

December 17, 2014 - Updated: December 17, 2014Real Estate Agents

An Opportunity to Increase “Professionalism” in the Real Estate Industry The Supreme Court of Canada made some changes to ...

Tagged with: professionalism supreme court contracts good faith honesty. disclosure

Good Faith and Honesty now Required for Contracts (Supreme Court of Canada)

November 24, 2014 - Updated: November 24, 2014Contracts

The Supreme Court of Canada just changed every contract in Canada. Now, all contracts include: 1) an obligation of good faith contract ...

Tagged with: contracts supreme court of canada bhasin good faith honesty new law change common law

Should You Pay a Commission to Buy Your Own Property?

May 5, 2014 - Updated: May 7, 2014Consumer Protection

Paying Commission to Buy Your Own Property? That’s an interesting question! How would that work? Let’s assume Bo ...

Tagged with: commission contracts rebates ontario law

Escrow in Real Estate Transactions

August 17, 2013 - Updated: August 17, 2013Contracts

It is very important to know and understand the use of the term “escrow” in real estate transactions. Here’s the bas ...

Tagged with: escrow contracts trust release transfer possession title ontario law

Implementation of Consequences ~ Contract Remedies in Court

August 15, 2013 - Updated: August 15, 2013Contracts

That’s what you get when you sue on a contract. The Court doesn’t really do anything else, that’s it. Often, it is t ...

Tagged with: contracts breach fulfillment damages role of courts ontario

Disclosure Laws ~ Course

July 2, 2013 - Updated: July 2, 2013Courses

Disclosure Laws and the Use of the Seller Property Information Statement I am presenting this course at the offices of the ...

Tagged with: disclosure contracts informed consent course brampton real estate board breb

Offers, Acceptance and the Irrevocable Period

May 6, 2013 - Updated: May 6, 2013Contracts

Offers, Acceptance and the Irrevocable Period Sometimes these matters become confusing, but, they really shouldn’t be. After all ...

Tagged with: contracts offer acceptance irrevocable

Commission Sharing Agreements

April 23, 2013 - Updated: April 23, 2013Contracts

Real estate agents often work in small teams, or align themselves with others for specific projects. Here’s an example of an arr ...

Tagged with: commission sharing agents consulting contracts

Recommendations -Informed Consent Disclosure

April 22, 2013 - Updated: April 22, 2013Contracts

Referral Agreement (Informed Consent) 1 May 2013 Brian Madigan, Referral Agent _____________, Recipient ...

Tagged with: disclosure contracts informed consent referral agreements acknowledgement

Recommending Contractors Without Fear

April 22, 2013 - Updated: April 22, 2013This WEBSITE

A common situation for real estate agents is recommending contractors. No matter who you are, many people seem to look to real estate ...

Tagged with: recommedations suggestions disclaimer indemnification contracts

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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