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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: liability

Can You Tell a Secret?

July 11, 2019 - Updated: July 11, 2019Real Estate Agents

Can You Tell a Secret? Let’s assume that Bob, the Listing Agent is acting for Mary in respect to the sale of her house. Bob hosts ...

Tagged with: agents duties fiduciary duty contractual duty liability ontario law

Stacked Deals: Why Pay for Both?

July 9, 2019 - Updated: July 9, 2019Agency

Stacked Deals: Why Pay for Both? The Buyer runs into a little bit of difficulty and cannot close on the purchase. That’s fine, the ...

Tagged with: contract damages limitation liability ontario law

Salt, Sand and Shovel Before the Open House

January 22, 2018 - Updated: January 22, 2018Real Estate Agents

Salt, Sand and Shovel Before the Open House Let’s assume that you are a real estate agent and you have agreed to host an Open Hous ...

Tagged with: trip and fall liability salt sand shovel occupiers liability ontario law

Agent’s Negligence: Breach of Real Estate and Business Brokers Act

October 24, 2017 - Updated: October 25, 2017Litigation

Agent’s Negligence: Breach of Real Estate and Business Brokers Act, 2002 Another source of laws involving real estate Agents is th ...

Tagged with: agents negligence rebba 2002 source liability ontario law

Agent’s Negligence: Breach of Contract at Common law

October 24, 2017 - Updated: October 24, 2017Litigation

Agent’s Negligence: Breach of Contract at Common law Aside and apart from the Agent’s fiduciary duties, an Agent is obligate ...

Tagged with: agent breach of contract negligence liability ontario law

Real Estate Agents’ Liability in Negligence: Various Grounds

October 14, 2017 - Updated: October 15, 2017Litigation

Real Estate Agents’ Liability in Negligence: Various Grounds It’s entirely possible for real estate agents to make some mistakes ...

Tagged with: real estate agent liability negligence proof conduct grounds evidence expert witness ontario law

Home Inspection Review is a MUST for an Agent

October 12, 2017 - Updated: October 12, 2017Real Estate Agents

Home Inspection Review is a MUST for an Agent Some Agents don’t like to get involved with home inspectors. Some Agents prefer that ...

Tagged with: liability negligence fail to review home inspection report ontario law

Home Inspector Liable (No Expert Testimony)

January 12, 2017 - Updated: January 12, 2017Litigation

Home Inspector Still Responsible without Calling Expert Witness There was a recent case, namely Rimmer v. Building Insights Inc. (9 Se ...

Tagged with: home isnpsecvtor liability contract tort damages ontario law

Caveat Emptor Still Prevails in Ontario

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

Ontario Superior Court Fails to Overrule Supreme Court of Canada I would have thought that was fairly straightforward, but apparently ...

Tagged with: caveat emptor supreme court of canada law applies no change precedent mold water basement liability 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

Agent Sells Property Twice by Mistake (Fails to Count Days) RECO Discipline

February 25, 2016 - Updated: April 4, 2016Discipline (Agents)

Agent Sells Same Property Twice By Mistake (Failure to Count) (RECO Discipline) Certainly, it would be nice to sell the same property ...

Tagged with: agent failure to count sells property twice liability reco discipline ontario law

Buyer’s Agent Should Double Check Legality of Parking Pad

February 18, 2016 - Updated: February 18, 2016Discipline (Agents)

Buyer’s Agent Should Double Check Legality of Parking Pad This particular situation is an interesting one. John listed his prope ...

Tagged with: reco discipline failure to ask parking pad no inquiry liability ontario law

Disclosure Obligation Backfires for Real Estate Agent

December 11, 2014 - Updated: December 11, 2014Disclosure

Disclosure Obligation Backfires for Real Estate Agent The real estate agent is charged with additional disclosure obligations over tha ...

Tagged with: disclosure failure to explain. imformed consent liability ontario law

Disclosure Law~Course for Real Estate Agents

October 15, 2014 - Updated: October 15, 2014Courses

Real Estate Education Series (10) ~ Disclosure Laws in Canada for Real Estate Agents The course on the “The Laws of Disclosure a ...

Tagged with: disclosure laws sellers agents duty liability ontario law

Good After Market Service Can Keep You out of Trouble

August 6, 2014 - Updated: August 6, 2014Agency

Strive for Excellence in After Market Service Question So, here’s a problem. You are a real estate agent and you act ...

Tagged with: buyers agent bra leak basement liability

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

Commissions: Do They Create a Liability for the Vendor?

April 21, 2014 - Updated: April 21, 2014Agency

Liability for the Payment of Commission If the deal doesn’t close, does the vendor have to pay a commission? If, the deal didn&r ...

Tagged with: listing agreement commission obligation liability payment vendor ontario law

Agents Are at Risk in "Passing Off" Actions

March 26, 2014 - Updated: March 26, 2014Real Estate Agents

“Passing Off” a Tort for Real Estate Agents Under the law of torts, there is an action for “passing off”. Esse ...

Tagged with: agent liability tort law passing off ontario

Increased Liability for Realtors without GeoWarehouse

December 19, 2013 - Updated: December 19, 2013Real Estate Agents

GeoWarehouse Gone? Information technology has progressed leaps and bounds within the decade. The Province sold off its land ...

Tagged with: treb geowarehouse liability resouces law

Internet Groups for Real Estate Agents can be Risky

December 9, 2013 - Updated: December 9, 2013Real Estate Agents

Caution is the best medicine There are numerous groups, forums, discussions and commentaries available on the internet, hosted on Lin ...

Tagged with: facebook linkedin forums free advice liability

Fraser-Reid ~ Liability of Builder based upon Express Warranty

December 4, 2013 - Updated: December 4, 2013Contracts

The case of Fraser-Reid v. Droumtsekas in the Supreme Court of Canada (1980) dealt with several important legal principles including, caveat emp ...

Tagged with: contract express warrnty liability ontario law

Fallen Trees and Religious Insurance Companies

October 28, 2013 - Updated: August 8, 2017Insurance

If a tree falls in the forest, no one cares, except perhaps the termites. But, if your neighbour's tree falls on your house, then there is a ...

Tagged with: insurance fallen trees debris responsibility liability negligence nuisance

Failure to Disclose the Flood Results in Liability for Sellers

July 28, 2013 - Updated: July 28, 2013Seller Property Information Statements (SPIS)

We are still having a look at the Sobocynski case. Here, the sellers failed to disclose the basement flooding which occurred 7 days pr ...

Tagged with: sobocynski beauchamps liability seller failure to disclose flooding basement

Statutory Holdbacks under the Construction Lien Act are a Must

May 21, 2013 - Updated: May 21, 2013Consumer Protection

There are actually three separate holdbacks that impose liability upon homeowners: basic holdback, finishing holdback, and ...

Tagged with: constriction liens act holdbacks liability

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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