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

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

96 Rexdale Blvd. 
Toronto, Ontario 


Phone: 416-745-2300
Toll Free: 1-888-507-0817

 

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Posts tagged with: ontario law

Duty to Disclose Kitec Plumbing by Real Estate Agents

May 26, 2017 - Updated: May 26, 2017Disclosure

The Duty to Disclose Kitec Plumbing by Real Estate Agents Just what is Kitec? Kitec plumbing is made up of flexible aluminum pip ...

Tagged with: kitec disclosure real estate listing agent buyers agent reco orea ontario law

Early Contract Remedies in a Market on the Move

May 22, 2017 - Updated: May 22, 2017Contracts

Early Contract Remedies in a Market on the Move At the present time we have a rather strange situation. The market started to accelerate ...

Tagged with: anticipatory breach contract options ontario law

You are “Close”, very Dangerous words in a Bidding War!

May 9, 2017 - Updated: May 9, 2017Real Estate Agents

You are “Close”, very Dangerous words in a Bidding War! Right now, the Toronto market is “hot”. It was “ho ...

Tagged with: agents bidding wars lawsuits litigation ontario law

Deposit Forfeiture Upheld By Court of Appeal (Redstone)

May 7, 2017 - Updated: May 8, 2017Contracts

Deposit Forfeiture Upheld By Court of Appeal (Redstone) Redstone Enterprises Ltd. sold its warehouse in Brantford to Simple Technology I ...

Tagged with: depsits redstone ontario court of appeal forfeiture 7 reasonable not unconscionable ontario law

Mutual Driveway – Found in Title Search- Remedies

May 5, 2017 - Updated: May 5, 2017Property Law

Mutual Driveway – Found in Title Search- Remedies Oftentimes, the issue of a mutual driveway will come up in discussions and somet ...

Tagged with: mutual driveway agreement of purchase and sale title search defect remedies ontario law

Stigma Disclosure in Canada Revisited

May 2, 2017 - Updated: May 2, 2017Disclosure

Stigma Disclosure in Canada Revisited For years, I followed what I believed to be the traditional advice of lawyers concerning disclosur ...

Tagged with: disclosure stigma marihuana grow house remediated ontario law

Agent Breaks into House with Home Inspector and Buyer

April 17, 2017 - Updated: April 17, 2017Discipline (Agents)

Agent Breaks Into House with Home Inspector and Buyer As strange as it may seem that’s exactly what one agent did. The Agr ...

Tagged with: reco breaking and entering trespass ontario law

Agent Misses the Parking Pad Agreement

April 15, 2017 - Updated: April 15, 2017Discipline (Agents)

Agent Misses the Parking Pad Agreement This situation was simple enough. Bob acted for Bill in the sale of his property. There was a mut ...

Tagged with: reco discipline parking pad mutual driveway error too late to sue ontario law

Agent Fails to Pay Referral Fee

April 14, 2017 - Updated: April 15, 2017Discipline (Agents)

Agent Fails to Pay Referral Fee Steve acted for his two buyers, Albert and Jane. He had a loyalty agreement signed, better known as a Bu ...

Tagged with: reco discipline agent fails to pay fee ontario law

Changes to Standard Form Business Agreement

March 31, 2017 - Updated: March 31, 2017RECO, OREA

Changes to Standard Form Business Purchase Agreement The Bulk Sales Act in Ontario was repealed effective 22 March 2017. The sta ...

Tagged with: business purchase bulk sales act repeal orea form change new clause ontario law

$500 Per Minute Fine for Breaking and Entering

March 30, 2017 - Updated: March 30, 2017Discipline (Agents)

$500 Per Minute Fine for Breaking and Entering Relatively, that's a very light fine for breaking and entering which is a Criminal ...

Tagged with: breaking and entering fine key lockbox code release reco discipline ontario law

Notice of Fulfillment: Brian Madigan’s ANNOTATED version Explained

March 19, 2017 - Updated: March 19, 2017RECO, OREA

Notice of Fulfillment: Brian Madigan’s ANNOTATED version Explained The document which follows is an annotated version of the Not ...

Tagged with: notice fulfillment waiver orea form 124 completion annotated ontario law

Disclosure of Unrepresented Buyer in Competing Offer Situation

March 15, 2017 - Updated: March 15, 2017RECO, OREA

Disclosure of Unrepresented Buyer in Competing Offer Situation There is actually an additional disclosure that is required to be made ...

Tagged with: unrepresented buyer no commission payable no commission reduction disclosure competing offers bidding wars ontario law

Brian Madigan’s Annotated Version of RECO’s Bulletin on Written Directions for Multiple Offers

March 2, 2017 - Updated: March 2, 2017RECO, OREA

Brian Madigan’s Annotated Version of RECO’s Bulletin on Written Directions for Multiple Offers The RECO Bulletin appears b ...

Tagged with: reco bulletin written directions. multiple offers ontario law

Immediate Severance of Joint Tenancy under Family Law Act

January 26, 2017 - Updated: January 26, 2017Family Law

Immediate Severance of Joint Tenancy under the Family Law Act This is a situation that doesn’t occur every day, but it happens e ...

Tagged with: joint tenancy matrimonial home severance. family law act 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

Lawyer's approval Clause Reviewed in Detail

January 8, 2017 - Updated: January 8, 2017Contracts

Lawyer’s Approval Clause Reviewed Frequently, you may require a Lawyer’s Approval Clause. Quite commonly, they may be writ ...

Tagged with: lawyers approval condition subsequent review ontario law

Agent Says - You Can't Keep Me Out - If Necessary I'll Break in

January 2, 2017 - Updated: January 2, 2017Discipline (Agents)

Agent Says “You Can’t Keep Me Out - If Necessary I’ll Break In” This is a RECO Discipline case, and as crazy a ...

Tagged with: reco discipline agent break and enter trespass ontario law

Title Search Date: When Should it Be?

January 2, 2017 - Updated: January 4, 2017Contracts

Title Search Date: TIME Question: What date should be inserted into the Agreement of Purchase and Sale for the Title Search ...

Tagged with: title search time when ontario law

Agent Fails to Disclose Marihuana Grow House to Own Client

January 2, 2017 - Updated: January 3, 2017Discipline (Agents)

Agent Fails to Disclose “Marihuana Grow House” to Own Client This is difficult to believe but it’s true. This matter ...

Tagged with: disciplne disclosure concealment agent fiduciary duties code of ethics breach reco discipline ontario law

What About Designated Agency for Ontario?

December 21, 2016 - Updated: December 21, 2016Agency

What About Designated Agency for Ontario? Designated Agency Comes to Nova Scotia effective 1 January 2017. Can Ontario be far behind? ...

Tagged with: designated agency common law agency transactional brokerage 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

Refusing to Accept the Waiver (the Consequences)

December 12, 2016 - Updated: December 12, 2016Agreement of Purchase and Sale

Refusing to Accept the Waiver (the Consequences) It is a popular belief that in certain circumstances, only a Notice of Fulfilment (NO ...

Tagged with: waiver notice of fulfillment nof conditions precedent subsequent true orea ontario law

Who Repairs the Wall when Pictures are Removed?

December 11, 2016 - Updated: December 11, 2016Chattels and Fixtures

Who Repairs the Wall when Pictures are Removed? In this situation we will assume an Agreement of Purchase and Sale which is silent on ...

Tagged with: picture hooks damage removal repair restoration chattels fixtures ontario law

Christmas Day 2016 is a Business Day in Ontario

December 11, 2016 - Updated: December 11, 2016RECO, OREA

Christmas 2016 is a “Business Day” in Ontario Well, just for real estate. And, when I say that, just for regulative and ad ...

Tagged with: christmas day business day rebba gen reg 56705 reco orea ontario law

Magician's Deposit Clause

December 11, 2016 - Updated: December 11, 2016Deposits

The Magician’s Deposit Clause A few Brokerages have been using a clause which they find helpful. From time to time a Buyer decid ...

Tagged with: deposit magician disappears no deposit delayed deposit orea ontario law

Notice of Fulfillment or Waiver - The Debate

December 9, 2016 - Updated: December 11, 2016Agreement of Purchase and Sale

Notice of Fulfillment or Waiver (The “Debate”) A question that seems to arise frequently is the use of the Waiver and the ...

Tagged with: waiver notice of fulfillment nof conditions precedent subsequent true orea ontario law

Problem with Executions by Using Maiden Name

November 29, 2016 - Updated: November 29, 2016Sellers

Brian Madigan LL.B. Broker Use of Maiden Name Might Conceal Executions Question: Is it proper to use the maiden na ...

Tagged with: name maiden nee registered name executions ontario law

Returning the Deposit in a Failed Transaction

November 29, 2016 - Updated: November 29, 2016Deposits

Brian Madigan LL.B., Broker Returning the Deposit in a Failed Transaction What documents do you need? You are goin ...

Tagged with: deposits mutual release direction reco advice ontario law

Seller's Remedies Having Signed a Mutual Release

November 28, 2016 - Updated: November 29, 2016Litigation

Seller’s Remedies Having Signed a Mutual Release You can probably imagine that a Seller may be upset, sign a Mutual Release and ...

Tagged with: mutual release lawsuit agent negligence ontario law

Execution of The Mutual Release in Real Estate Transactions

November 28, 2016 - Updated: November 28, 2016Litigation

Execution of the Mutual Release in Real Estate Transactions The issue presents itself with every failed transaction. Sign the Mutual R ...

Tagged with: mutual release policies advice legal issues informed consent ontario law

Should the Listing Agent Get a Copy of the Buyer's Home Inspection Report?

November 17, 2016 - Updated: November 18, 2016Sellers

Should the Listing Agent Get a Copy of the Buyer’s Home Inspection Report? From time to time, the house just doesn’t pass ...

Tagged with: disclosure home inspection report latent defects ontario law

Creating the Revocable Offer

November 16, 2016 - Updated: November 16, 2016Contracts

Creating the Revocable Offer Working Twice as hard on Bidding War Night From time to time, particularly in heated real estat ...

Tagged with: offer acceptance revocable no seal limited time ontario law

Revoking Offers Prior to Acceptance

November 16, 2016 - Updated: November 16, 2016Contracts

Revoking Offers Prior to Acceptance Can an Offer be Revoked? This seems to be a question that arises rather frequently. Let& ...

Tagged with: withdraw offer revoke offer acceptance consideration seal irrevocable ontario law

Easements Created by Necessary Inference (Implication)

November 15, 2016 - Updated: November 15, 2016Property Law

Easements Created by Necessary Inference (Implication) There are not a lot of these around, but they do arise on occasion. When? ...

Tagged with: easements road access implication necessary inference not in contract ontario law

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

Real Estate Audits for Sales Professionals

November 8, 2016 - Updated: November 8, 2016RECO, OREA

The Real Estate Audit for Sales Professionals There are all kinds of audits. Usually, taxation by the Canada Revenue Agency (CRA) or B ...

Tagged with: audit review compliance rebba 2002 code of ethics common law ontario law

RECO Should Have the Power to Award Compensation

November 7, 2016 - Updated: November 7, 2016RECO, OREA

Agent’s Breach of Fiduciary Duties (No Commission) There are numerous circumstances where an agent subject to discipline is inde ...

Tagged with: reco compensation for victims breach of duty fiduciary rebba ontario law

RECO Fines Should Be Increased Substantially

November 7, 2016 - Updated: November 7, 2016RECO, OREA

RECO Fines Should be Increased Substantially CBC Marketplace should not be regulating the real estate industry. But, they are indeed e ...

Tagged with: fines unethical conduct agents commission forfeiture ontario law

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

Agent Makes Investment Property Errors (RECO Discipline)

October 26, 2016 - Updated: October 26, 2016Discipline (Agents)

Agent Makes Investment Property Errors (RECO Discipline) This is another RECO Discipline Case. In this situation, Wilma Flintstone mad ...

Tagged with: fail to pay deposit signed clients name no permission witnessed false occupancy statement reco discipline ontario law

Agent Backdates Documents and Witnesses Without Being Present (RECO Discipline)

October 25, 2016 - Updated: October 25, 2016Discipline (Agents)

Agent Backdates Documents and Witnesses Without Being Present (RECO Discipline Barney Noble had a listing of a condominium. His friend ...

Tagged with: agent backdates witnesses not present reco discipline ontario law

Vacant Possession In Ontario - Uncertain Timing

October 23, 2016 - Updated: October 23, 2016Contracts

Vacant Possession - Complete Uncertainty In Ontario The standard form Agreement of Purchase and Sale provides that the completion will ...

Tagged with: contract. completion time vacant possession time closing day lawyers registry office ontario law

What Time Does the Day Start?

October 21, 2016 - Updated: October 21, 2016Interesting

Commencement or Start of Day Just when does the day begin? Sometimes, a minute or two can make a real difference. For real e ...

Tagged with: time start day commencement hours days minutes seconds ontario law

No Explanation of Services - Agent Faces Penalty

October 20, 2016 - Updated: October 20, 2016Discipline (Agents)

No Explanation of Services – Agent Faces Penalties This situation is a little different, but unfortunately, somewhat commonplace ...

Tagged with: no explanation. agency working with realtor client services customer services code of ethics ontario law

Agent Let Insurance Lapse (RECO Discipline)

October 19, 2016 - Updated: October 19, 2016Discipline (Agents)

Agent Let Insurance Lapse (RECO Discipline) The agent who let his insurance lapse was quite fortunate. He overlooked paying it, receiv ...

Tagged with: no insurance lapsed policy reco discipline ontario law

Seller Must Disclose Environmental Prohibition Order

October 19, 2016 - Updated: October 19, 2016Disclosure

Vendor has Obligation to Disclose “Prohibition Order” The Supreme Court of British Columbia dealt with the matter of the v ...

Tagged with: seller agent listing disclosure environmental order prohibition ontario law

The Business Broker in Ontario

October 18, 2016 - Updated: October 18, 2016Selling a Business

The Business Broker and the Real Estate and Business Brokers Act, Ontario A business broker is regulated in Ontario under the same ...

Tagged with: business broker agency rebba ontario law

Two Buyers, One Brokerage: A Strategic Alliance

October 14, 2016 - Updated: October 14, 2016Agency

Two Buyers, One Brokerage: A Strategic Alliance A Brokerage may represent two different Buyers interested in the same property. ...

Tagged with: two buyers dual agency strategy multiple representation disclosure ontario law

Trespassers Should Know Bumble Bee Law!

October 14, 2016 - Updated: October 14, 2016Interesting

Trespassers should know Bumble Bee Law! Are you a trespasser? Do you frequently find yourself on someone else's property? Then, you s ...

Tagged with: bees act trespassers ontario law

Two Buyers: Multiple Representation Conflicts and Issues

October 13, 2016 - Updated: October 13, 2016Agency

Two Buyers: Multiple Representation Conflicts and Issues What happens if a Brokerage represents two different Buyers and they are inte ...

Tagged with: two buyers dual agency multiple representation agency code ontario law

Buyer Offer Registration System for Buyer Brokerages

October 12, 2016 - Updated: October 12, 2016RECO, OREA

Buyer Offer Registration System (for Buyer Brokers) Actually, usually there’s no such thing and that’s a potential problem ...

Tagged with: rules code disclosure dual agency multiple representation two buyers ontario law

Discovery of Defect Just Before Closing

October 12, 2016 - Updated: October 12, 2016Litigation

Discovery of Defect Just Before Closing What happens if a defect of some kind is discovered right before closing? This could ...

Tagged with: defect late discovery patent latent caveat emptor ontario law

Agents Should Confirm Client's Ability to Speak English

October 3, 2016 - Updated: October 3, 2016Contracts

Agents Need to Confirm the Language of Communication This advice arises from a recent trial and the Judge’s comments regarding t ...

Tagged with: non est factum not understand no contract not speak english ontario law

A Very poor Explanation of a Buyer Representation Agreement

October 1, 2016 - Updated: May 9, 2017Agency

A Very Poor Explanation of the Buyer Representation Agreement The Buyer Representation Agreement requires explanation in order to be e ...

Tagged with: contract bra explanation not enforceable ontario law

Signing the Buyer Representation Agreement (A Judge's Advice)

September 30, 2016 - Updated: September 30, 2016Agency

Signing the Buyer Representation Agreement (A Judge’s Advice) We have examined this document many times and INFORMED CONSENT is ...

Tagged with: buyer representation agreement contract non est factum no contract not binding rules to follow ontario law

What Do You Mean By Business Days

September 19, 2016 - Updated: November 11, 2016Contracts

What Do You Mean By “Business Days”? Now that everyone is working “24/7”, the term “business days” ...

Tagged with: business day banking day calendar day meaning uncertainty ontario law

Residential Tenancies Act Amendments could Erode the Rights of Tenant Victims

September 17, 2016 - Updated: September 17, 2016Tenancies

Residential Tenancies Act Amendments could Erode the Rights of Tenant Victims The Province was probably well-intentioned when it sough ...

Tagged with: landlord tenant rta residential tenancies. social policy impact effect upon victims ontario law

Amendments to Residential Tenancies Act (Bill 132)

September 16, 2016 - Updated: September 16, 2016Tenancies

Amendments to Residential Tenancies Act (Bill 132) The Amendments to Residential Tenancies Act under Bill 132 came into force on 8 Sep ...

Tagged with: residential tenancies act rta bill 132 changes domestic abuse ontario law

Landlords are Vulnerable under New Legislation

September 15, 2016 - Updated: September 15, 2016Tenancies

Landlords are Vulnerable under New Legislation The Residential Tenancies Act was amended 8 September 2016 to provide a new set of righ ...

Tagged with: tenancy domestic abuse violence right to end tenancy 28 days notice confidentiality truth inqury rta residential tenancies act ontario law

Agent Who Steals Gets Licence Restored by LAT

September 14, 2016 - Updated: September 14, 2016Discipline (Agents)

Agent Who Steals Gets Licence Restored by LAT The agent in this case stole batteries and $200 to $300 in cash. He was caught on video. ...

Tagged with: discipline. licence revocation reco lat theft 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

Affidavit (the meaning)

September 12, 2016 - Updated: September 12, 2016Litigation

Understanding what an "Affidavit" Means The latin term "affidavit" is a very common term used in law. Translated, ...

Tagged with: affidavit explained meaning ontario law

Lawsuit Unsuccessful - Not Enough Defendants

September 6, 2016 - Updated: September 6, 2016Litigation

Lawsuit Unsuccessful – Not Enough Defendants We are still having a look at the “buildable lot” case, Drolet v. Re/Ma ...

Tagged with: misrepresentation lawsuit defendants settlement missing township risky lawsuit ontario law

False Representation Made by Agent without Liability

September 6, 2016 - Updated: September 6, 2016Litigation

False Representation Made by Agent without Liability This is the “buildable lot” case, Drolet v. Re/Max Riverview (2016) a ...

Tagged with: false statement negligent statement no reliance no liability buildable lot ontario law

Township Officials Go Soft with Mushy Memories

August 31, 2016 - Updated: August 31, 2016Litigation

Township Officials Go Soft with Mushy Memories There are quite a few important elements in the Drolet v. Re/Max Riverview case in 2016 ...

Tagged with: lawsuits witnesses memories lies deceit recollection ontario 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

Liability for Consequential Losses

August 30, 2016 - Updated: August 30, 2016Litigation

Liability For Consequential Losses We are still looking at Drolet v ReMax Riverview Realty Ltd (2016). In this case, the plaintiff pur ...

Tagged with: drolet remax riverview losses calculation small claims court ontario law

Buyer's going to Fail - No Expert Witness

August 29, 2016 - Updated: August 29, 2016Litigation

Buyer’s Going to Fail – No Expert Witness In Drolet v ReMax Riverview Realty Ltd., (2016) the plaintiff purchased a proper ...

Tagged with: no expert no evidence no success lawsuit against professional real estate agent ontario law

Buyer Sues Agent for Misrepresenation

August 26, 2016 - Updated: August 26, 2016Litigation

Buyer Sues Real Estate Agent for Misrepresentation This is an interesting case. It raises a number of important issues which we will l ...

Tagged with: samall claims court lawsuit real estate agent misrepresentation ontario law

"Stare Decisis" (the Law's Binding System of Precedents)

August 24, 2016 - Updated: August 24, 2016Litigation

Meaning of “Stare Decisis” (Ontario Law) The latin expression "stare decisis" is probably the most important lat ...

Tagged with: stare decisis court system binding precedents rule of law justice is blind ontario law

Two Parts of Every Legal Decision

August 23, 2016 - Updated: August 23, 2016Litigation

The Two Parts of Every Legal Decision If a Judge has issued “Reasons for Judgment”, then you will find that there are two ...

Tagged with: ratio decidendi obiter dicta reasons judgment ontario law

Brian Madigan's Lock Box Rules

August 19, 2016 - Updated: August 19, 2016Real Estate Agents

Brian Madigan’s Lock Box Rules You wouldn’t really think that there would be any need for this, but, if you look at recent ...

Tagged with: lock boxes rules safety security protection ontario law

Two Agents Conspire to Break into Seller's House (RECO Discipline)

August 16, 2016 - Updated: August 16, 2016Discipline (Agents)

Two Agents Conspire To Break Into Seller’s House (RECO Discipline) This might seem to be an episode of the “Keystone Cops& ...

Tagged with: discipline break and enter trespass no permission no consent buyer visit ontario law

Sorry, Just Moving In! (RECO Discipline)

August 15, 2016 - Updated: August 15, 2016Discipline (Agents)

Sorry, Just Moving In! (RECO Discipline) This is just one more “trespassing case”. Here, the Buyers had a deal a ...

Tagged with: discipline unauthorized access lock box moving reco ontario law

Another Trespassing Case (RECO Discipline)

August 15, 2016 - Updated: August 15, 2016Discipline (Agents)

Another Trespassing Case The Real Estate Council of Ontario looked at another “no trespassing” case this Spring. ...

Tagged with: discipline trespass lock box reco ontario law

Permission to Trespass - Not Allowed (RECO Discipline)

August 11, 2016 - Updated: August 11, 2016Discipline (Agents)

Permission to Trespass – Not Allowed (RECO Discipline) This is somewhat interesting. If you happen to be a Buyer’s agent a ...

Tagged with: give lockbox code trespass no authority not allowed code of ethics ontario law

Tell Everyone About Commission Reduction Proposal: RECO Discipline

August 10, 2016 - Updated: August 11, 2016Discipline (Agents)

Tell Everyone About Commission Reduction Proposal: RECO Discipline Betty Crocker was the Listing Agent and hosted a bidding war. ...

Tagged with: commission reduction not disclosed discipline rebba 2002 ontario law

Agent Fails to Explain Commission Reduction Properly: Faces Discipline

August 10, 2016 - Updated: August 10, 2016Discipline (Agents)

Agent Fails to Explain Commission Reduction Properly: Faces Discipline The Real Estate Council of Ontario just looked at a case involv ...

Tagged with: agent commission reduction incorrect information no informed consent rebba 2002 ontario law

Agent Thwarted in Attempt to Cheat Homeowner (Discipline)

August 2, 2016 - Updated: August 2, 2016Discipline (Agents)

Agent Thwarted in Attempt to Cheat Homeowner (Discipline) This is an interesting case where the agent attempted to take advantage of t ...

Tagged with: agent tries to buy property agency discipline deception ontario law

Commissions and Shortfall of Funds

July 28, 2016 - Updated: July 28, 2016Agency

Protecting Your Commission in the Case of a Shortfall of Funds on Closing Let’s assume that you are the buyer’s agent and ...

Tagged with: agents commission funds shortfall no money on closing trust ontario law

Agent Penalized for Failing to Attend Home Inspection

July 22, 2016 - Updated: July 22, 2016Discipline (Agents)

Agent Penalized for Failing to Attend Home Inspection The Buyer’s representative sent her own relative to attend a home inspecti ...

Tagged with: agent discipline no show home inspection buyers agent gave out lockbox ontario law

Adding or Substituting a New Buyer to an Agreement

July 21, 2016 - Updated: July 22, 2016Contracts

Adding or Substituting a New Buyer to an Agreement For some reason, this issue seems to create some complications. How do you add a n ...

Tagged with: new buyer add to contract delete from contract substitute replace amend 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

When Do People "living together" become Spouses?

July 20, 2016 - Updated: July 20, 2016Family Law

When Do People “living together” become Spouses? It is easy enough to tell when people are married: there was a ceremony. ...

Tagged with: spouse definition family law succession law molodowich v. penttinen m v. h ontario law

Agent Fails to Discover Parking Pad Legality and Terms of Mutual Driveway

July 14, 2016 - Updated: July 14, 2016Discipline (Agents)

Agent Fails to Discover Parking Pad Legality and Terms of Mutual Driveway This is an interesting situation. Fred Flintstone took a lis ...

Tagged with: agent discipline reco parking pad mutual driveway ontario law

Succesful Bidder Sues His Own Agent for Appraisal Shortfall

June 28, 2016 - Updated: June 28, 2016Litigation

Suing the Buyer’s Agent for the Shortfall in Valuation after the Bidding War Can a successful bidder sue his own Agent after the ...

Tagged with: agent bidding wars valuation shortfall appraisal lawsuit deficiency ontario law

Suing the Appraiser for the Shortfall in Valuation

June 26, 2016 - Updated: June 28, 2016Litigation

Suing the Appraiser for the Shortfall in Valuation We are still looking at the situation where Bill submitted an unconditional Offer i ...

Tagged with: bidding war high price valuation shortfall remedies sue appraiser ontario law

Bidding Wars - High Bidder with Property Appraisal Issues

June 26, 2016 - Updated: June 26, 2016Litigation

Bidding Wars – High Bidder and Property Appraisal Issues There is a relatively new phenomenon involving the failure of a propert ...

Tagged with: bidding wars no conditions no appraisal condition value short money default remedies ontario law

Tenant's Lawyer Conditions

June 24, 2016 - Updated: June 24, 2016Commercial Lease

Tenant’s Lawyer Conditions Sometimes, it’s necessary for the Tenant’s lawyer to approve the Agreement to Lease and/o ...

Tagged with: lease review lawyer approval conditions ontario law

Lawyer's Approval: What Clause to Use?

June 21, 2016 - Updated: June 21, 2016Contracts

Lawyer’s Approval: What Clause to Use? You have already decided to include in an Offer “subject to lawyer’s approva ...

Tagged with: lawyer approval solicitors approval clauses choices 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

Initialling Changes on an Agreement of Purchase and Sale

June 13, 2016 - Updated: June 13, 2016Agreement of Purchase and Sale

Initialling Changes on an Agreement of Purchase and Sale As simple as it may seem, in practice, there is something of a difficulty whe ...

Tagged with: changes initial double duty triple duty propose aceept agree acknowledge 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

Don't Forget to Alter the Standard Photographer's Contract

May 26, 2016 - Updated: May 26, 2016Interesting

Don’t Forget to Alter the Standard Photographer’s Contract Let’s start with the proposition that the photographer wi ...

Tagged with: photographs videos ownership. copyright ontario law

Photographic Contracts and Copyrights

May 24, 2016 - Updated: May 24, 2016Interesting

Photographic Contracts and Copyrights There are a number of standard form contracts for photographers. When it comes to the ...

Tagged with: photographs videos ownership. copyright ontario law

Photograph and Video Transfers to Third Parties

May 23, 2016 - Updated: May 23, 2016Interesting

Photograph and Video Transfers to Third Parties The next step in the entire process is transferring the photographs and videos to a th ...

Tagged with: photographs videos ownership. copyright ontario law

Photographs and the Independent Contractor

May 23, 2016 - Updated: May 23, 2016Interesting

Photographs and the Independent Contractor John Burke works for ABC Realty as an “independent contractor”. When ...

Tagged with: photographs videos ownership. copyright ontario law

What Happens to “YOUR” Real Estate Photographs, Who Really Owns Them?

May 23, 2016 - Updated: May 23, 2016Interesting

What Happens to “YOUR” Real Estate Photographs, Who Really Owns Them? Previously, we looked at the matter of copyright and ...

Tagged with: photographs videos ownership. copyright ontario law

Who Owns Your Real Estate Photographs?

May 23, 2016 - Updated: May 23, 2016Interesting

Who Owns Your Real Estate Photographs? You do, if you took them, but most real estate agents hire a professional photographer and that ...

Tagged with: photographs videos ownership. copyright ontario law

Your Real Estate Photographs Might be Owned by a Monkey!

May 20, 2016 - Updated: May 20, 2016Interesting

Your Real Estate Photographs Might be Owned by a Monkey! This would indeed be awfully strange, but we will have to look at the law rel ...

Tagged with: copyright photographs monkey macaque ontario law

Husband's Right to the House after Wife's Passing

May 16, 2016 - Updated: May 20, 2016Estates

Husband’s Right to the House after Wife’s Passing Question: Husband and wife live in home. Wife is the only one ...

Tagged with: house matrimonial home title joint tenancy inheritance ontario law

Can the Seller Disclose Information from the Bids?

May 15, 2016 - Updated: May 17, 2016Sellers

Seller’s Disclosure of Bids Question: Is it allowable for a Seller to disclose information about the bids? Assume that one of th ...

Tagged with: disclosure bids not allowed agent seller ontario law

Does the Seller Need a Mutual Release if the Deal Does not

May 12, 2016 - Updated: May 12, 2016Contracts

Does the Seller Need a Mutual Release if the Deal Does not “Firm Up”? Bob submits an Offer on Bill’s property for $9 ...

Tagged with: conditional offer not firm up next step mutual release ontario law

Suing for the Unpaid Deposit

May 11, 2016 - Updated: May 11, 2016Deposits

Suing for the Unpaid Deposit Bob submits an Offer on Bill’s property for $890,000 with a $50,000.00 deposit, which Bill accepts. ...

Tagged with: deposit unpaid no proof of damages automatic judgment ontario law

30 Rules of Deposits

May 10, 2016 - Updated: May 10, 2016Deposits

Deposit Issues - 30 Basic Rules A deposit is not required to make a contract enforceable A deposit is a sign of good faith A ...

Tagged with: deposits 30 rules orea rebba 2002 breach ontario law

Does the Agent Have to Disclose a Severance Condition?

May 9, 2016Agency

Does the Agent Have to Disclose a Severance Condition? This is a somewhat unique case. An owner severed their exiting lot into two par ...

Tagged with: severance condition agent duty obligation disclosure ontario law

Does the Seller Have to Disclose a Severance Condition?

May 8, 2016 - Updated: May 9, 2016Sellers

Does the Seller Have to Disclose a Severance Condition? There was a rather interesting case involving a property in the Niagara Region ...

Tagged with: severance condition restriction restrictive covenant compliance disclosure seller ontario law

Lot Mix Up - Survey is the Answer

May 6, 2016 - Updated: May 7, 2016Property Law

Lot Mix Up – Survey is the Answer Let me tell you about a very interesting situation. Bob the Builder purchased 10 lot ...

Tagged with: survey sale wrong lot incorrect description ontario law

Filing Notice of a Lawsuit (CPL)

May 3, 2016 - Updated: May 3, 2016Litigation

Filing a Notice of a Lawsuit There is a procedure available in Ontario which is a very effective remedy. Oftentimes, the success of a ...

Tagged with: certificate of pending litigation lis pendens cpl lawsuit interest in land ontario law

Validity of Unsigned Buyer Representation Agreements

May 2, 2016 - Updated: May 2, 2016Agency

Validity of Unsigned Buyer Representation Agreements From time to time, Buyers’ Agents want to know what they can do if the Buye ...

Tagged with: buyer representation agreement unsigned not signed enforceable verbal implied 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

Is a Back Up Offer a Competing Offer?

April 24, 2016 - Updated: April 24, 2016RECO, OREA

Is a Back Up Offer a Competing Offer? This is an interesting question since there are some clear and specific rules governing the &ldq ...

Tagged with: competing offer disclosure obligations rebba 2002 ontario law

Can the Buyer Take her Offer Back? (Part 2)

April 21, 2016 - Updated: April 21, 2016Contracts

Can the Buyer Take Back Her Offer? (Part 2) This is actually a question which arises all the time. Some people will say “yes&rdq ...

Tagged with: offer acceptance delivery irrevocable seal contract ontario law

Can the Buyer Take Back Her Offer?

April 20, 2016 - Updated: April 20, 2016Contracts

Can the Buyer Take Back Her Offer? This is actually a question which arises all the time. Some people will say “yes” and o ...

Tagged with: offer delivery escrow revoke rescind withdraw take back 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

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

Fixtures Clause in the Agreement of Purchase and Sale

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

Fixtures Clause in the Agreement of Purchase and Sale The “Fixtures” clause in the standard form OREA Agreement of Purchas ...

Tagged with: fixtures clause 5 agreement of purchase and sale orea ontario law

Chattels Clause in the Agreement

April 11, 2016 - Updated: April 11, 2016Chattels and Fixtures

Chattels Clause in the Agreement One of the clauses that often gives rise to issues in the Agreement of Purchase and Sale, is the Chat ...

Tagged with: chattels fixtures liens encumbrances mortgages claims ontario law

No Deposit - Seller's Options!

April 10, 2016 - Updated: April 10, 2016Contracts

No Deposit: The Seller’s Options! What can the Seller do if the deposit is late or doesn’t arrive at all? There ...

Tagged with: deposit none late breach of contract essential term fundamental term terminate contract ontario law

Issues with the Time of Completion

April 9, 2016 - Updated: April 10, 2016Contracts

Issues with the Time of Completion The closing date and time should be clear and concise and not pose any particular challenges. ...

Tagged with: time completion closing escrow registry office tenants ontario law

Three Distinct Concepts Used for Time Deadines

April 9, 2016 - Updated: April 9, 2016Contracts

Three Distinct Concepts for Time Deadlines It is somewhat interesting that the standard Form OREA Agreement of Purchase and Sale makes ...

Tagged with: contract deadlines time within until not later than 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

Contract Acceptance Requires a Pen and a Phone

April 6, 2016 - Updated: April 6, 2016Contracts

Contract Acceptance Requires a Pen and a Phone When we are considering the acceptance of an Offer, there are two steps: ...

Tagged with: acceptance execution communication contract confirmation offer orea ontario law

Take the Money and Run: An Ethical Dilemma

April 1, 2016 - Updated: April 1, 2016Agency

Take the Money and Run: An Ethical Dilemma Sometimes a real estate agent will have confidential information. The ethical question is w ...

Tagged with: ethics confidentiality agency disclosure secret information ontario law

No Deposit Paid on Conditional Deal - Seller's Options

March 31, 2016 - Updated: August 3, 2016Contracts

Seller’s Options with a Failed Deposit Cheque in a Conditional Deal On occasion, Buyers’ agents are rushed and they just d ...

Tagged with: no deposit paid breach of contract termination affirmation ontario law

Registering an Offer (Ontario)

March 26, 2016 - Updated: March 26, 2016RECO, OREA

Registering an Offer in Ontario Question: What does "registering" an Offer mean? Answer: This ...

Tagged with: registering receiving delivering presenting offer reco bill 555 phantom offers ontario law

Getting an Opportunity to Present an Offer

March 25, 2016 - Updated: March 25, 2016RECO, OREA

Getting an Opportunity to Present an Offer Question: I showed a property a few days ago that was holding offers for 10 days. ...

Tagged with: offer presentation seller listing agent duties bill 55 ontario law

Just Who is the Buyer: A Consortium?

March 18, 2016 - Updated: March 18, 2016Buyers

Just Who is the Buyer: A Consortium? Figuring out who your client may happen to be seems straightforward, but in some cases, it can be ...

Tagged with: buyers bra two or one jointly severally ontario law

RECO Discipline Panel Suggests Offer Clauses (Ontario)

March 12, 2016 - Updated: March 12, 2016Discipline (Agents)

RECO Discipline Panel Offers Suggested Clauses for Agreements This is unusual and doesn’t happen very often. In one case, the RE ...

Tagged with: conditions warranties difference ontario law

Home Inspector Decides to Practice Law and Real Estate

March 12, 2016 - Updated: May 30, 2016Buyers

Home Inspector Decides to Practice Law and Real Estate It’s not just real estate agents who make mistakes. It’s other prof ...

Tagged with: home inspector legal advice real estate advice insurance coverage ontario law

Agent Fails to Determine HST Implications (RECO Discipline)

March 7, 2016 - Updated: March 7, 2016Agency

Agent Fails to Determine HST Implications (RECO Discipline) This particular situation is relatively straightforward. The HST implicati ...

Tagged with: discovery of facts hst no referral accountant reco discipline ontario law

Agent Misrepresents Status of Basement Apartment (RECO Discipline)

March 1, 2016 - Updated: March 1, 2016Discipline (Agents)

Agent Misrepresents Status of Basement Apartment (RECO Discipline) This is a case which unfortunately has become all too familiar. The ...

Tagged with: not warrant retrofit disclaimer reco discipline false ontario law

Agent Fails to Conduct Proper Personal Inspection (RECO Discipline)

February 29, 2016 - Updated: February 29, 2016Discipline (Agents)

Agent Fails to Conduct Proper Personal Inspection before SPIS This particular case is quite difficult and challenging. It would seem ...

Tagged with: founation water leakage agent fails to inspect spis reco discipline ontario law

Agent Mistakenly includes Central Air Conditioning (RECO Discipline)

February 26, 2016 - Updated: February 26, 2016Discipline (Agents)

Agent Mistakenly Includes Central Air Conditioning (RECO Discipline) This is an unfortunate situation which could easily occur by mist ...

Tagged with: missing ac no central air error mistake oversifght reco discipline ontario law

Agent Fails to Reduce REBATE Promise into Writing (RECO Discipline)

February 26, 2016 - Updated: February 26, 2016Discipline (Agents)

Agent Fails to Reduce “Rebate” Promises into Writing (RECO Discipline) This situation seems occur with reasonable frequenc ...

Tagged with: rebate bonus promise reduction commission not in writing reco discipline 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

Agent Fails to Verify Utilities (RECO Discipline)

February 20, 2016 - Updated: February 20, 2016Discipline (Agents)

Agent Fails to Verify Utilities for Buyer (RECO Discipline) An investment property was for sale. It was a “student rental” ...

Tagged with: reco discipline agent fails verify utilities ontario law

Agent Fails to See SPIS Grow House Disclosure (RECO Discipline)

February 19, 2016 - Updated: February 19, 2016Discipline (Agents)

Agent Fails to see SPIS Grow House Disclosure (RECO Discipline) We have a property that used to be a grow house. We have the Sellers c ...

Tagged with: discipline agents grow house spis failure material facts discovery reco 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

Second Agent Needs to Explain "Holdover Clause"

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

RECO Discipline: Holdover Clauses and Agent Liability The Real Estate Council of Ontario recently considered a case involving a holdov ...

Tagged with: holdover clause agent explain reco discipline ontario law

RECO Discipline – Duty to Discover Facts

February 17, 2016 - Updated: February 17, 2016Discipline (Agents)

RECO Discipline – Duty to Discover Facts RECO issues copies of its Discipline decisions in order to educate the public and real ...

Tagged with: discover facts reco discipline permits title inspections compliance approvals rebba 2002 ontario law

New Builds - Protecting the Buyer's Representative

February 17, 2016Agency

Buyer’s Rep should Sign Commission Agreement and CCR with Builder Question: I am a Buyer’s representative and I ...

Tagged with: bra ccr commission agreemet new builds direct builder condo reco ontario law

The Hot Tub Sitting on Top of Patio Stones: A Fixture or a Chattel?

February 16, 2016 - Updated: February 16, 2016Chattels and Fixtures

Hot Tub Sitting on Top of Patio Stones: A Fixture or a Chattel? We just looked at two types of hot tubs: One embedded in ...

Tagged with: hot tub sitting on patio stones grey area fixture chattel ontario law

Portable Hot Tub: This one is a Chattel

February 15, 2016 - Updated: February 15, 2016Chattels and Fixtures

The Hot Tub: This one is a Chattel? We concluded that a hot tub which was embedded in an outdoor wooden deck was a fixture and should ...

Tagged with: portable hot tub chattel fixture rules ontario law

Is a Hot Tub Embedded in a Deck a Fixture?

February 15, 2016 - Updated: February 15, 2016Chattels and Fixtures

The Hot Tub: A Fixture or a Chattel? An interesting issue arose recently as to whether a hot tub should be included or excluded from a ...

Tagged with: hot tub embedded in deck chattel fixture ontario law

How to Handle Offers and the Growing Count (Toronto Market 2016)

February 12, 2016 - Updated: March 26, 2016Real Estate Agents

Counting the Offers and Advising the Bidders The Toronto resale housing market is relatively “hot”. There is a shortage o ...

Tagged with: offers bidding wars offer registered offer received managing count ontario law barrister solicitor lawyer

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

Are Notional Real Estate Commissions Deductible in a Divorce?

February 11, 2016 - Updated: February 11, 2016Family Law

No Deductions From House Value for Notional Real Estate Commissions Let’s assume that Bob and Wilma don’t get along. They ...

Tagged with: house valuation commissions real estate deduction ontario law

Cross-out the Waiver Option in a Financing Condition (Best Practices)

February 7, 2016 - Updated: February 27, 2016Contracts

Cross-out the Waiver Option in a Financing Condition (Best Practices) There are many real estate practitioners who seem to think that ...

Tagged with: contract waiver notice of fulfillment nof condition true precedent subsequent ontario law

Are Additional Late Charges, Bonus Interest, and Default fees Legal in a Mortgage?

February 5, 2016 - Updated: February 29, 2016Contracts

Mortgage Defaults and Additional Charges Increasingly, we see pumped up interest charges, arrears payments, late charges and so on inc ...

Tagged with: late charges. bonus interest default fees mortgage illegal interest act ontario law

The Right of a Corporate Owner to Evict a Tenant for Personal Use

February 5, 2016 - Updated: March 1, 2016Tenancies

Corporation’s Right to Evict for Personal Use Question: The Tenant pays rent to a corporation the registered owner of ...

Tagged with: eviction personal use corporation owner landlord ltb ontario law

You cannot Evict Tenants from an Illegal Rooming House

February 4, 2016 - Updated: February 17, 2016Tenancies

You cannot Evict Tenants from an Illegal Rooming House Question: Here are the basic facts: a multi-family property, consisti ...

Tagged with: tenants rooming house eviction landlord tenant ontario law

Is a Lease a Chattel or a Fixture?

January 31, 2016 - Updated: January 31, 2016Chattels and Fixtures

Is a Lease a Chattel or a Fixture? Question: Is a Lease a Chattel or a Fixture? Answer: Quite clea ...

Tagged with: lease chattel fixture chattel real chattel personal ontario law

Electronic Commerce Act Contract Reference (Required or Not?)

January 30, 2016 - Updated: January 30, 2016Contracts

Electronic Commerce Act Contract Reference (Required or Not?) The following is wording that you will find in numerous real estate rela ...

Tagged with: e-signatures authorized enabled consent agreement to use permission electronic commerce act ontario law real estate

Does a Waiver or Notice of Fulfillment Affect a Central Vacuum Warranty?

January 27, 2016 - Updated: January 28, 2016Contracts

Central Vacuum System in Disrepair (Remedies #2) Question: An Agreement of Purchase and Sale contains the following warranty ...

Tagged with: chattels fixtures central vacuum warranty waiver nof notice of fulfillment 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

Remedies if the Central Vacuum System Doesn't Work

January 25, 2016 - Updated: January 25, 2016Chattels and Fixtures

Central Vacuum System in Disrepair (Remedies) Question: An Agreement of Purchase and Sale contains the following warranty: ...

Tagged with: dishwasher appliance not working closing warranty for chattels fixture ontario law

Protecting the Buyer From Concealed Stigmas of Deaths

January 24, 2016 - Updated: January 31, 2016Contracts

Disclosure of Unnatural Deaths and Stigmas (Buyer’s Protection) It is not uncommon for and elderly person to live alone in their ...

Tagged with: death stigma suicide. violence contract. terms representations warranties conditions ontario law

Local Agents and Their "Value"

October 26, 2015 - Updated: October 26, 2015Agency

Local Agents and their “Value” There is always a caution for agents not to step out of their area. It’s im ...

Tagged with: agents local area expertise ontario law

Should You Get a Survey or Title Insurance?

October 11, 2015 - Updated: October 11, 2015Title Insurance

Survey or Title Insurance? Actually, it shouldn’t be one or the other. It should be both. One of the problems is that ...

Tagged with: survey title insurance costs benefits ontario law

Even Liars Can Win in Court

October 4, 2015 - Updated: October 4, 2015Litigation

Even Liars Can Win in Court Credibility Doesn’t matter more than the Law! The case of D’Atri v. Chilcott (1974) ...

Tagged with: liars lies untrustworthy witness ontario law

4 Principles of Real Estate Agency Obligations

September 14, 2015 - Updated: September 14, 2015Agency

4 Principles for Fiduciaries It is often important to have a quick “go to” summary as a refresher for legal principles. ...

Tagged with: agency fiduciary duties 4 principles daltri ontario law

Additional Statutory Duties Owed to Clients

September 12, 2015 - Updated: September 12, 2015Agency

Clients and Customers Are there any specific duties and obligations owed to Clients that are not owed to Customers under the Act and t ...

Tagged with: clients customers extra duties additional obligations ontario law

Errors & Omissions Insurance Policy for Ontario Real Estate Agents Explained

September 12, 2015 - Updated: September 12, 2015Insurance

Errors & Omissions Insurance Policy for Ontario Real Estate Agents Explained By Brian Madigan LL.B. The Real Estate Council ...

Tagged with: liability insurance eo coverage errors omissions policy reco ontario law

The 7 Elements of Disclosure Prior to Consumer Engagement

September 9, 2015 - Updated: September 9, 2015Agency

7 Elements of Disclosure for Consumers In accordance with the law, there are 7 matters which must be covered by the real estate profes ...

Tagged with: consumer protection agency services levels explanation duties code of ethics rebba 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

The Self-Destructing Warranty

September 1, 2015Chattels and Fixtures

The Warranty That’s Over Before It Starts Now, that would be the kind of warranty you should give, but if you are on the receivi ...

Tagged with: chattels warranty mergers expires not survive closing no warranty 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

Small Claims Court Cases as Precedents

August 24, 2015 - Updated: August 24, 2015Litigation

Small Claims Court and Precedent Setting Cases Small Claims Court decisions are not precedent setting. There is no lower Court upon wh ...

Tagged with: courts small claims predcents ontario law

Completing Form 801 OREA Successfully

August 2, 2015 - Updated: August 2, 2015RECO, OREA

How to Fill Out OREA Form 801 Form 801 is going to be with us. It has been drafted by the trade association OREA. It could ...

Tagged with: form 801 orea made received submitted ontario law

Different Meanings for "Made"and "Submitted" in Phantom Offer Legislation

July 25, 2015 - Updated: July 25, 2015RECO, OREA

Made and Submitted are Two Different Things (Bill 55 Phantom Offers) RECO deals with Offers being “made” and OREA deals wi ...

Tagged with: made submitted bill 55 phantom offers orea form 801 reco 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

Family Law Course - July 13th, CAMBRIDGE

July 9, 2015 - Updated: July 9, 2015Courses

Family Law Course The course on the “Family Law: Marriage, Divorce, Division of Property and the Matrimonial Home” wi ...

Tagged with: family law matrimonial home unjust enrichment ontario law

Disclosure Law Course - July 13th, CAMBRIDGE

July 8, 2015Courses

Disclosure Laws in Canada for Real Estate Agents The course on the “The Laws of Disclosure and the Use of the Seller Property In ...

Tagged with: disclosure laws course program ontario law

Counter Offer ~ Difficulties with Standard Form

July 3, 2015 - Updated: July 3, 2015Contracts

Counter Offer ~ OREA Form 107 When considering the number of standard forms in use in Ontario as prepared by the Ontario Real Estate a ...

Tagged with: counter-offer form orea problems with form 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

E-Signatures Authorized for Real Estate Transactions (Ontario)

June 28, 2015 - Updated: June 28, 2015Contracts

Electronic Signatures for Real Estate Transactions in Ontario These signatures will be permitted in Ontario effective 1 July 2015. Cer ...

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OREA Form 801 ~ Would You Use it?

June 28, 2015 - Updated: June 28, 2015RECO, OREA

OREA Form 801 ~ Commentary Bill 55 comes into force on 1 July 2015. For real estate agents, it will permit e-signatures and will requi ...

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Brian Madigan’s OFFER DOCUMENT SUMMARY

June 27, 2015 - Updated: June 27, 2015RECO, OREA

Brian Madigan’s OFFER DOCUMENT SUMMARY I have been requested to suggest a Form of document which would be sufficient for a ...

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Offer Document Retention (Regulations)

June 18, 2015 - Updated: June 18, 2015RECO, OREA

Regulations Concerning Offer Retention The balance of requirements concerning tracking Offers and eliminating phantom offers is set ou ...

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Keeping Track of Real Estate Offers in Ontario (Bill 55)

June 17, 2015 - Updated: June 17, 2015RECO, OREA

Keeping Track of the Offers The Real Estate and Business Brokers Act, 2002 needs to change in order to impose a requirement to keep tr ...

Tagged with: offers phantom bidding wars bill 55 reco 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 ...

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Buyer Customer Service Agreement (Part 17) - ACKOWLEDGEMENT

June 2, 2015 - Updated: June 2, 2015Agency

Buyer Customer Service Agreement (Part 17) – Acknowledgement We will review the “Acknowledgement” provision in ...

Tagged with: buyer customer service acknowledgement ontario law

Buyer Customer Service Agreement (Part 16) - DECLARATION of INSURANCE

June 2, 2015 - Updated: June 2, 2015Agency

Buyer Customer Service Agreement - Declaration of Insurance We will review the “Declaration of Insurance” provision in the ...

Tagged with: buyer customer service contract insurance declaration evidence ontario law

Buyer Customer Service Agreement (Part 15) - EXECUTION

June 2, 2015Agency

Buyer Customer Service Agreement- Execution of the Document We will review the “Execution” provision in the Customer Servi ...

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Buyer Customer Service Agreement (Part 14) - RESTATED MANDATE

June 2, 2015Agency

Buyer Customer Service Agreement – Restated MANDATE We will review the “Restated MANDATE” provision in the Customer ...

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Buyer Customer Service Agreement (Part 13) -SCHEDULE(S)

June 2, 2015Agency

Buyer Customer Service Agreement – Schedule(s) We will review the “Schedule(s)” provision in the Customer Service ag ...

Tagged with: customer service contract buyer scheduke ontario law

Buyer Customer Service Agreement (Part 12) - ELECTRONIC COMMUNICATION

June 2, 2015Agency

Buyer Customer Service Agreement - Electronic Communication We will review the “Electronic Communication” provision in the ...

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Buyer Customer Service Agreement (Part 11) - CONFLICT or DISCREPANCY

June 2, 2015 - Updated: June 2, 2015Agency

Buyer Customer Service Agreement- Conflict or Discrepancy We will review the “Conflict or Discrepancy” provision in the Cu ...

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Buyer Customer Service Agreement (Part 10) – USE and DISTRIBUTION of INFORMATION

June 1, 2015Agency

Buyer Customer Service Agreement (Part 10) – USE and DISTRIBUTION of INFORMATION We will review the “Use and Distribution of Inf ...

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Buyer Customer Service Agreement (Part 9) – CONSUMER REPORTS

June 1, 2015 - Updated: June 2, 2015Agency

Buyer Customer Service Agreement (Part 9) – Consumer Reports We will review the “Consumer Reports” provision in the ...

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Buyer Customer Service Agreement (Part 8) - FINDERS FEE

June 1, 2015 - Updated: June 1, 2015Agency

Buyer Customer Service Agreement (Part 8) - FINDERS FEE We will review the “Finders Fee” provision in the Customer Service ...

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Buyer Customer Service Agreement (Part 7) - INDEMNIFICATION

June 1, 2015Agency

Buyer Customer Service Agreement (Part 7) - INDEMNIFICATION We will review the “Indemnification” provision in the Cu ...

Tagged with: customer service no agency indemnification code of ethics ontario law

Buyer Customer Service Agreement (Part 6) - REPRESENTATION and CUSTOMER SERVICE

June 1, 2015Agency

Buyer Customer Service Agreement- REPRESENTATION AND CUSTOMER SERVICE We will review the “Representation and Customer Service&rd ...

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Buyer Customer Service Agreement (Part 5) - COMMISSION

June 1, 2015Agency

Buyer Customer Service Agreement (Part 5) - COMMISSION We will review the “Commission” provision in the Customer Service a ...

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Buyer Customer Service Agreement (Part 4) - DEFINITIONS

May 31, 2015Agency

Buyer Customer Service Agreement (Part 4) – DEFINITIONS We will review the “Definitions” in the Customer Service ag ...

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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 ...

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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

Buyer Customer Service Agreement - What is a CUSTOMER?

May 29, 2015 - Updated: June 5, 2015Agency

Buyer Customer Service Agreement – What is a CUSTOMER? We are going to examine the Buyer Customer Service Agreement. In doing so ...

Tagged with: orea customer service. rebba 2002. co9der of ethics ontario law

Regulatatory Compliance with Bill 55 (Real Estate Agents)

May 28, 2015 - Updated: May 28, 2015Real Estate Agents

Compliance with Bill 55 Bill 55 was introduced by the Provincial Government entitled “Stronger Protection for Ontario Consumers& ...

Tagged with: rebba 2002 bill 55 phantom offers ontario law

Brian Madigan's MULTIPLE BUYER DISCLOSURE and CONSENT FORM

April 30, 2015 - Updated: April 30, 2015Agency

Multiple Buyer Disclosure and CONSENT BROKERAGE:................................................................................ ...

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Buyer Representyation Agreement Explained (Ontario) Part 19 - ACKNOWLEDGEMENT

April 17, 2015 - Updated: April 17, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 19 – ACKNOWLEDGEMENT Here is the portion of the paragraph dealing with t ...

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Buyer Representation Agreement Explained (Ontario) Part 18 - DECLARATION of INSURANCE

April 16, 2015 - Updated: April 16, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 18 – DECLARATION of INSURANCE Here is the portion of the paragraph deali ...

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Buyer Representation Agreement Explained (Ontario) Part 17 - EXECUTION by BUYER

April 16, 2015 - Updated: April 16, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 17 –EXECUTION by BUYER Here is the portion of the paragraph dealing with ...

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Buyer Representation Agreement Explained (Ontario) Part 16 - EXECUTION by BROKERAGE

April 16, 2015 - Updated: April 16, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 16 –EXECUTION by BROKERAGE Here is the portion of the paragraph dealing ...

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Buyer Representation Agreement Explained (Ontario) Part 15 - SCHEDULES

April 16, 2015 - Updated: April 16, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 15 SCHEDULE(S) Here is the portion of the paragraph dealing with Schedules. ...

Tagged with: buyer representation agreement bra ontario law explanation schedule

Buyer Representation Agreement Explained Part 14 - ELECTRONIC COMMUNICATION

April 15, 2015 - Updated: April 15, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 14 ELECTRONIC COMMUNICATION Here is the portion of the paragraph dealing with ...

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Buyer Representation Agreement Explained (Ontario) Part 13 -CONFLICT or DISCREPANCY

April 15, 2015 - Updated: April 15, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 13 CONFLICT or DISCREPANCY Here is the portion of the paragraph dealing with C ...

Tagged with: buyer representation agreement conflict discrepancy agency explained ontario law

Buyer Represenation Agreement Explained (Ontario) Part 9 INDEMNIFICATION

April 13, 2015 - Updated: April 13, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 9 INDEMNIFICATION Here is the portion of the paragraph dealing with Indemnific ...

Tagged with: buyer representation agreement bra agency ontario law indemnification disclaimer

Buyer Representation Agreement Explained (Ontario) Part 8 REFERRAL of PROPERTIES

April 13, 2015 - Updated: April 13, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 8 REFERRAL of PROPERTIES Here is the portion of the paragraph dealing with Ref ...

Tagged with: buyer representation agreement agency bra ontario law referral of properties

Dishwashers ~ Now there are Roll-ins

April 6, 2015 - Updated: April 6, 2015Chattels and Fixtures

A Built-in Dishwasher (or a Roll-in) I was unaware that dishwashers have changed somewhat over the last decade. Here are a f ...

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Real Estate Services Explained (2015)

January 7, 2015 - Updated: January 7, 2015Consumer Protection

An Explanation of Real Estate Services (2015) The document reproduced below is entitled “Working with a REALTOR®”. ...

Tagged with: clients customers rebba 2002 ontario law

Sellers: How to Avoid Lawsuits!

January 2, 2015 - Updated: January 2, 2015Disclosure

Sellers Avoid Lawsuits: Factor Defect into Price! Everyone wants to negotiate and get a good price for their house. But, when the deal ...

Tagged with: sellers lawsuits disclosure ontario law

Good Faith Doctrine Increases Obligations for Sellers

December 12, 2014 - Updated: December 12, 2014Sellers

Good Faith Doctrine Increases Obligations for Sellers A recent Supreme Court of Canada ruling in Bhasin v. Hrynew (13 November 2014) m ...

Tagged with: listing agreements sellers good faith honesty bhasin supreme court of canada 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

Supreme Court of Canada Details Phone Search Protections

December 11, 2014 - Updated: December 11, 2014Real Estate Agents

Supreme Court of Canada Details Phone Search Protections The Supreme Court of Canada just permitted searches of cell phones by police ...

Tagged with: supreme court phones protection real estate agents ontario law

Evolving Duties and Responsibilities of Agents

October 16, 2014 - Updated: October 16, 2014Agency

The Evolving Duties and Responsibilities of “Agents” There are five primary sources of new legal developments for real es ...

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Rules for Counting Days

October 16, 2014 - Updated: October 16, 2014Agreement of Purchase and Sale

Counting the Days, there should be some Rules! I see that there is a continuous discussion about how to count days. This really isn&rs ...

Tagged with: days counting agreements purchase and sale real estate 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

Estate and Succession Planning Course

October 14, 2014 - Updated: October 14, 2014Courses

Real Estate Education Series (9) ~ Estate and Succession Planning The course on the “Estate and Succession Planning” will ...

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Surveys, Boundaries and Adverse Possession

October 14, 2014 - Updated: October 15, 2014Courses

Real Estate Education Series (7) ~ Surveys, Boundaries and Adverse Possession The course on the “Surveys, Boundaries and Adverse ...

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Changing the Use of the Property

September 10, 2014 - Updated: September 10, 2014Agreement of Purchase and Sale

Want to Change the Use? Let’s assume that you want to change the use of the property. What does the agreement say about that? Th ...

Tagged with: present use future use change condition warranty ontario law

Can You Find Your Old Insurance Policies?

September 3, 2014Insurance

Flying Marble and Old Insurance Policies A few years ago, it was raining marble at the single best location for real estate in Canada, ...

Tagged with: insurance claims made occurence policy time limits ontario law

Doctrine of Merger

September 2, 2014 - Updated: September 2, 2014Property Law

Doctrine of Merger Explained The doctrine of merger applies to “executory” contracts. An executory contract is one that is ...

Tagged with: doctrine merger real property not merge survive closing completion ontario law

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 ...

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Listing Agent Cannot Act for Buyer without Seller's Consent

August 13, 2014 - Updated: August 13, 2014Agency

Can Your Agent Switch Sides and Act for the Buyer? The quick answer is “no”. The problem is that this “imp ...

Tagged with: fiduciary duties conflict buyer seller clients multiple representation agency ontario law

Does the Seller Pay a Buyer's Agent a Commission on an Unaccepted Offer?

August 12, 2014 - Updated: August 12, 2014Sellers

Commissions on Unaccepted Offers ~ Yes or No? Here’s an interesting question: is a commission payable on an unaccepted offer? ...

Tagged with: offers listings no agreement to sell unaccepted offer commission payable ontario law

Do You Need Probate Before Conveying a Property?

August 12, 2014 - Updated: August 12, 2014Estates

Is Probate Necessary Before Property Can Be Transferred? The old reference to “probate” in Ontario has been replaced with ...

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Should You Have 10 Agents or Just 1 ?

July 21, 2014 - Updated: July 21, 2014Agency

Which is better? You might think 10. In fact, that’s what most people think. In reality, you are probably better off with one g ...

Tagged with: agency buyer representation ontario law

Cancellation of the Listing ~ Is it Over?

July 17, 2014Agency

Full or Partial: Cancellation of the Listing ~ Is it Over? Maybe not! You negotiated and signed a Cancellation with your fir ...

Tagged with: listing cancellation termaination full partial release orea ontario law

Five Leading Supreme Court of Canada Cases on Real Estate

May 20, 2014 - Updated: May 21, 2014Property Law

Five Leading Supreme Court of Canada Cases Disclosure Agency Liability The Court The Supreme Cou ...

Tagged with: disclosure agency. liability ontario law

Brian Madigan LL.B., Broker ~ Arbitrations

May 9, 2014 - Updated: May 9, 2014Litigation

If you are interested in having your real estate dispute resolved, consider arbitration rather than litigation. The dispute will be re ...

Tagged with: arbitrations arbitartor real estate ontario 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

Regulation of the Bidding War Process (2014)

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

Ministry Seeks to Regulate the Bidding War Process Bidding wars in real estate transactions have become quite common. The process as I ...

Tagged with: consumers bidding wars phantom offers ontario law

Slander of Title is an Actionable Tort for Real Estate Agents

May 2, 2014 - Updated: May 2, 2014Real Estate Agents

Slander of Title If we are concerned about the law of torts and its application to situations arising in real estate transactions, le ...

Tagged with: tort slander of title agents ontario law

Issue: Double-Ending in a Bidding War

May 2, 2014 - Updated: May 3, 2014Agency

The Double-Ending Listing Agent in a Bidding War Now, that’s UNFAIR. As you know, we have a “hot market” i ...

Tagged with: double end commission bidding war listing agent selling agent ontario law

Brian Madigan's Bidding War Rules

May 1, 2014 - Updated: May 2, 2014Sellers

Bidding War Rules for Openess, Fairness and Transperancy Bidding wars are just not fair. They only help one person and that’s th ...

Tagged with: buyers. sellers bidding wars rules open fair transparent 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

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

The Tort of Intimidation Applies to Real Estate Agents

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

Tort of Intimidation and Real Estate Agents The situation here is that Bob wants Harold to comply with his wishes, and he threatens Ha ...

Tagged with: tort intimidation real estate agents ontario law

Chattels or Fixtures?

March 14, 2014 - Updated: March 14, 2014Chattels and Fixtures

How to Determine the Difference ~ Chattels or Fixtures? That’s an interesting question when it comes to real estate. B ...

Tagged with: chattels fixtures ontario law analysis tests rules

Problems with the First Class Professional Service ~ Agency

February 18, 2014 - Updated: February 19, 2014Agency

Agency and The Lack of Professionalism The premium, gold standard, first class level of service in the real estate business is &ldquo ...

Tagged with: agency non agency client customer orea reco rebba ontario law

Buying a Ticket to “Steerage Class” at an Open House

February 17, 2014 - Updated: February 17, 2014Agency

Are you a client or a customer? Previously, we spoke about the two classes of services available from the real estate profession: ...

Tagged with: clients customers open house fiduciary duties agency rebba ontario law

Being a Good Agent is the Death Knell to Customer Service

February 10, 2014 - Updated: February 10, 2014Agency

Don’t forget that “customer service” is a term of art in the real estate business. Previously, I have referred to it as travel ...

Tagged with: good agent client customer agency non agency facts information advice suggestions recommendations ontario law

Levels of Service Are Problematic in Real Estate

February 10, 2014 - Updated: February 10, 2014Agency

Clients (First Class) and Customers (Steerage) in Real Estate Transactions As many times as I have heard the explanation, I still find ...

Tagged with: clients customers agency non-agency first class steerage ontario law

Classification of Contractual Terms

February 3, 2014 - Updated: February 3, 2014Contracts

There are three types of terms in an agreement: conditions, warranties, and representations. With conditio ...

Tagged with: contract terms conditions warranties representations ontario law

Commission is Due and Payable on Full Price Offer

January 29, 2014 - Updated: January 29, 2014Real Estate Agents

Some might think that it takes a completed real estate deal to warrant the payment of a commission. That’s not the case. The full price of ...

Tagged with: commission due full price offer trigger valid offer ontario law

Agents’ Role in Disclosure

January 28, 2014 - Updated: January 28, 2014Disclosure

Question: "As a general guideline, the brokerage and its representatives are not required to disclose patent defects. ...

Tagged with: disclosue agent seller registrant latent defect patent defect material fact ontario law

The Real Issue with Dual Agency

January 22, 2014 - Updated: January 22, 2014Agency

We looked at the case of Partners Realty v. Morrow, a decision of the Ontario Superior Court of Justice rendered on 9 January 2014 by Justice Po ...

Tagged with: double agency no contract ontario law

Informed Consent Doctrine Applied to Commission Agreements

January 21, 2014 - Updated: January 22, 2014Real Estate Agents

Full Disclosure Required This is an interesting case. It’s about the process of obtaining the seller’s informed consent to ...

Tagged with: commission agency non-disclosure non-agency clients customers ontario law

Delivering the Self-Destructing Offer

December 22, 2013 - Updated: December 22, 2013Agreement of Purchase and Sale

If you have a self-destructing Offer, you obviously need to know how to deliver it, in order to make it work. Basically, you need to h ...

Tagged with: bidding wars delivery self-destructing offer ontario law

The Self-Destructing Offer May Help with Bidding Wars!

December 21, 2013 - Updated: July 21, 2015Agreement of Purchase and Sale

Self-Destructing Offer Sometimes, it would be good to have a self-destructing Offer! That means one that starts off as an O ...

Tagged with: bidding wars self-destructing offer self-exploding clause agreements ontario law

Will there be a Bawdy House Near You?

December 21, 2013 - Updated: December 21, 2013Property Law

The Supreme Court of Canada just changed all the rules related to prostitution. Bawdy houses are no longer illegal. So, you may be get ...

Tagged with: prostitution bawdy house real estate values ontario law

Doctrine of Merger in Canada (Supreme Court of Canada)

December 16, 2013 - Updated: December 16, 2013Property Law

Doctrine of Merger The doctrine of merger is a legal principle of long-standing, going back perhaps to the beginning of the common law ...

Tagged with: merger doctrine of merger fraser-reid supreme court of canada ontario law

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

True Conditions Precedent Explained

December 1, 2013 - Updated: December 1, 2013Agreement of Purchase and Sale

Sometimes the issue of “true conditions precedent” arises in real estate transactions. Just quickly to summarize, there ar ...

Tagged with: conditions precedent true conditions subsequent ontario law

Real Estate Legislation Changes November 2013

November 29, 2013 - Updated: November 29, 2013Real Estate Agents

There are some changes to the Real Estate and Business Brokers Act, 2002. They just passed 3rd Reading and are expected to come into f ...

Tagged with: rebba 2002 commissions multiple offers bidding wars ontario law

Selling without the Tenants

November 26, 2013 - Updated: November 26, 2013Tenancies

This is not going to be the easiest thing to do, but it can be done. Sometimes, tenants are simply a liability. They are rude and objectionable ...

Tagged with: tenant termination sale tenancy ontario law

Are Inspections Before Closing Allowed?

November 25, 2013 - Updated: November 25, 2013Property Law

This is a frequent question posed to lawyers and real estate agents. Once you buy a property are you allowed to have another look? Now ...

Tagged with: inspection contract right before closing ontario law

Be Careful about Fires if You are a Tenant

November 25, 2013 - Updated: November 25, 2013Tenancies

Basement Apartment Fire Safety Many young people will rent basement apartments. The problem is that some homeowners will not take all ...

Tagged with: tenancies fires safety fire code compliance 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

Metes and Bounds Legal Description Explained

November 19, 2013 - Updated: November 19, 2013Property Law

Metes and Bounds Sometimes it’s difficult to follow a “metes and bounds” legal description for property. Fortunatel ...

Tagged with: metes bounds description land ontario law

Pocket Listings are fraught with problems for the Unsuspecting Agent

November 19, 2013 - Updated: November 19, 2013Agency

The Risk of the Pocket Listing It’s not unusual in the field of commercial real estate for agents to be carrying around a few po ...

Tagged with: pocket listing exclusive mls agency 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

What Happens to the Fridge Left Behind by the Seller?

November 13, 2013 - Updated: November 19, 2016Chattels and Fixtures

Question: What happens to a refrigerator the seller leaves in the house? We recently represented a buyer and after they closed on a ho ...

Tagged with: objects items chattels personal property left after closing sellers property bailment ontario law

Capacity to Make a Will in Ontario

September 30, 2013 - Updated: September 30, 2013Estates

The question of what constitutes the test for mental capacity seems well-settled. The English Court in the precedent setting case of B ...

Tagged with: estates. wills testamentary capacity ontario law

Understanding the Sale of Business Agreement (OREA Form 502)

September 10, 2013 - Updated: September 10, 2013Selling a Business

Sale of Business Agreement Explained We will have a look at the standard form Agreement for the sale of a business in leased premises ...

Tagged with: sale of business form detailed review orea form 502 ontario law

Due Diligence under the Bulk Sales Act

September 7, 2013 - Updated: September 7, 2013Selling a Business

Identifying the Material Facts (Bulk Sales Act) The real estate practitioner should be aware that in order to close the deal, the sell ...

Tagged with: material facts sale of business bulk sales act ontario law

Real Estate Agents and the Bulk Sales Act

September 7, 2013 - Updated: September 7, 2013Selling a Business

A real estate agent who is handling the listing and sale of s a business needs to be familiar with the provisions and application of the Bulk Sa ...

Tagged with: bulk sales act role of real estate agent rebba ontario law

Statutory Duty to Produce List of Assets (Business Sale)

September 4, 2013 - Updated: September 4, 2013Selling a Business

Statutory Obligation to Produce List of Assets (Business Sale) There is an obligation imposed upon the seller’s agent to produce ...

Tagged with: list of assets business sale included excluded rebba ontario law

The Statutory Obligation to Disclose Liabilities (Business Sale)

September 4, 2013 - Updated: September 4, 2013Selling a Business

Under Regulation 567/05 pursuant to the Real Estate and Business Brokers Act, 2002, there is an obligation to produce the financial statements ( ...

Tagged with: duties obligations disclosure liabilities ontario law

Lands Disposed of, or Conveyed away (Business Sale)

September 3, 2013 - Updated: September 3, 2013Selling a Business

In accordance with the requirements of Regulation 567/05, it is the seller’s agent’s responsibility to disclose, not only the occupa ...

Tagged with: business sale sub-let lease part of business premises statutory duty sellers agent ontario law

Statutory Duty to Disclose Occupancy Documents

September 2, 2013 - Updated: September 2, 2013Selling a Business

Occupancy Documents ~ Business Sale In the sale of a business, one of the first requirements is the matter of occupancy. Where is the ...

Tagged with: occupancy documents deed transfer lease occupancy licence business sale rebba ontario law

Protecting the Buyer’s Agent in an Estate Sale (Part 3)

August 31, 2013 - Updated: March 5, 2017Estates

Death Onsite Buyers’ agents can get in trouble with estate sales outside of the normal course of business. It’s not just t ...

Tagged with: agent duty estate sale unnatural deaths ontario law

Protecting the Buyer’s Agent in an Estate Sale (Part 2)

August 31, 2013 - Updated: March 5, 2017Estates

Who Signs? What additional protections should a buyer’s agent take when acting for the buyers in terms of an estate sale? ...

Tagged with: agent duty listing estate ontario law

Protecting the Buyer’s Agent in an Estate Sale (Part 1)

August 29, 2013 - Updated: March 5, 2017Estates

Reducing the Risks for the Buyer's Agent The sale of a property by an estate can present difficult and challenging issues for the ...

Tagged with: buyers agent estates listings agreements clauses ontario law

Required Documents under REBBA (Sale of Business)

August 29, 2013 - Updated: August 29, 2013Selling a Business

Question: What documents must be delivered to a purchaser, by the vendor’s agent in accordance with the Real Estate and Business ...

Tagged with: required docuements statements disclosure sale of business ontario law

Business Financial Statements REBBA, 2002 (A list and B list)

August 28, 2013 - Updated: August 28, 2013Selling a Business

If we are speaking about the legal obligations of an agent concerning the sale of a business, then we need look no further than Regulation 567/0 ...

Tagged with: sale of business mandatory lists rebba ontario law business sale

Duties of Agent (Business Broker) under REBBA, 2002 (Sale of Business)

August 28, 2013 - Updated: August 28, 2013Selling a Business

Duties of Agent (Business Broker) under REBBA, 2002 (Sale of Business) At the outset, it should be noted that real estate agents in On ...

Tagged with: sale of business duty of business broker rebba 2002 ontario law

Real Estate Exemption from Bulk Sales Act

August 26, 2013Selling a Business

Question: I thought that real estate was exempt from the provisions of the Bulk Sales Act? Answer: Well, that is true to some extent. ...

Tagged with: business for sale bulk sales act ontario law exemption no notice purchaser for value

Compliance with the Bulk Sales Act

August 26, 2013 - Updated: August 26, 2013Selling a Business

In Ontario, unsecured creditors of a vendor of a business are protected by the Bulk Sales Act. The Act is designed to protect trade cr ...

Tagged with: bulk sales act compliance requirements creditors ontario law

Final Inspection in Ontario Real Estate Transactions

August 24, 2013 - Updated: August 24, 2013Property Law

Right of Inspection Once you buy a property are you allowed to have another look? Now, once you own it, you can look at it all y ...

Tagged with: inspection final contract real estate ontario law

Construction Liens Against Properties in Ontario

August 23, 2013 - Updated: August 23, 2013Property Law

Construction Liens Against Properties in Ontario If you are planning on any renovations or you are building a new home, then you need ...

Tagged with: construction liens holdback statutory contract amended ontario law

Life Estates in Ontario Explained

August 21, 2013 - Updated: August 21, 2013Property Law

Creation and Alienation of Life Estates Life estates are relatively straightforward; they are simply estates “for life”. ...

Tagged with: life estate income tenant capital beneficiary remainderman ontario law

Basic Issues Concerning the Matrimonial Home in Ontario

August 20, 2013 - Updated: August 20, 2013Family Law

Matrimonial Home Question Question: What if husband receive a house as gift from the relative, and both husband and wife mov ...

Tagged with: matrimonial home. family law act fla possession not ownership ontario law

Be Careful: Don't Hand Over the Key!

August 20, 2013 - Updated: August 20, 2013Property Law

Problem Handing Over the “Key” Many real estate agents are not particularly aware of an old common law doctrine that appli ...

Tagged with: key common law rule doctrine possession waiver title defects ontario law

Drafting the Offer for a Commercial Lease (Part 2)

August 19, 2013 - Updated: August 19, 2013Commercial Lease

Ultimately, it can be difficult to determine which ones require review and which ones don’t. For the larger commercial transacti ...

Tagged with: commercial lease offer draft large small lawyer review 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

Deposit Failure and the Better Contract Consequence

August 14, 2013 - Updated: August 14, 2013Contracts

Oliver Wendell Holmes made it quite clear that there are two reasonable options with every contract: fulfill it, as required, or ...

Tagged with: deposit not paid breach consequence right to terminate ontario law

“Off-Title” Insurance Coverage under Title Insurance Policies

August 11, 2013Insurance

One of the major benefits of title insurance is coverage for “off-title” matters. These are the same i ...

Tagged with: title insurance off-title non-title coverage protection ontario law

Fiduciary Duties and Obligations in Canada

August 7, 2013 - Updated: August 7, 2013Agency

Fiduciary Duties and Obligations in Canada The case of Hodgkinson v. Simms (1994) in the Supreme Court of Canada is the landmark case ...

Tagged with: fiduciary duties obligations code of ethics requirements proof damages ontario law

Is the Spousal Consent an "Informed Consent"?

August 5, 2013 - Updated: August 6, 2013Family Law

Agreements of Purchase and Sale in Ontario contemplate the need for the execution of the Spousal Consent. Most married couples will own the ...

Tagged with: consent spousal matrimonial home family law act fla ontario law

Buyer Fails to call Expert Witness - Loses Case Against Agent

July 31, 2013 - Updated: July 9, 2016Litigation

In a recent case in a Kitchener Small Claims Court * a buyer lost her case based in professional negligence against the listing agent. ...

Tagged with: expert evidence professional standards negligence proof ontario law

Agency for an Undisclosed Principal

July 31, 2013 - Updated: July 31, 2013Agency

This type of agency occurs quite frequently. It’s usually employed in land assemblies. The real purchaser wants his identity protected. He ...

Tagged with: agency undisclosed principal rights duties third party ontario law

Agency for Fictitious Principals and Non-Existent Principals

July 31, 2013 - Updated: July 31, 2013Agency

On occasion, an agent will over-represent their authority. They will not be authorized to act. Their former authority may have expired or been t ...

Tagged with: no agency fictitious principal non-existent principal ontario law

Agency without Disclosure

July 31, 2013 - Updated: July 31, 2013Agency

This situation is one that arises with relative frequency. The Agent (A) truly is an agent of the Principal (P), but just never tells ...

Tagged with: agency no agency disclosed identified communicated ontario law

Agency with a Known, Disclosed, Identified Principal

July 31, 2013 - Updated: July 31, 2013Agency

This type of situation is by far the most common commercial arrangement. For one reason or another, the Principal (P) is unable or una ...

Tagged with: agency disclosed principal known identified ontario law

Agency Created by Estoppel

July 26, 2013 - Updated: July 26, 2013Agency

The very difficult issues raised in the area of agency are the ones that are not quite so clear. Here, the agent is not appointed by an express ...

Tagged with: agency conduct estoppel principal agent third party ontario law

Commission Entitlement in Ontario Real Estate Transactions

July 22, 2013 - Updated: July 22, 2013Contracts

If the deal doesn’t close, does the vendor have to pay a commission? If, the deal didn’t close, and it was the purchaser's fault ...

Tagged with: contract commission listing agreement ontario law

Understanding Contracts ~ Common Law Courts and Equity Courts

July 22, 2013 - Updated: July 22, 2013Historical

This may sound a little unusual but in England until the late 19th Century, there were two distinct legal systems running in parallel to one ano ...

Tagged with: common law equity real estate ontario law

Chattels and Fixtures ~ How do You Tell the Difference?

July 11, 2013 - Updated: July 11, 2013Chattels and Fixtures

Recently, a buyer was concerned about an upcoming closing and was somewhat worried that the vendor was planning to take the garden shed with him ...

Tagged with: chattels fixtures garden shed rules ontario law

Beware of Double Agents in the Real Estate Business!

July 1, 2013 - Updated: October 24, 2016Agency

This word of caution does not simply apply in the world of espionage. There was a case of a young, single mother who finally saved up ...

Tagged with: agency sub-agency duties owed to vendor seller no one acting for buyer ontario law

Statutory Duties of Real Estate Agents in Ontario

June 29, 2013 - Updated: June 29, 2013Agency

There are some basic duties that are owed by an agent to his principal. They have been part of the law of agency for thousands of years and more ...

Tagged with: agency statutory duties code of ethics ontario law

Materiality ~ The Fundamental Principles

May 17, 2013 - Updated: May 17, 2013Disclosure

The issue of “materiality was recently considered by the Supreme Court of Canada in Sharbern Holding Inc. v. Vancouver Airport Centre Ltd. ...

Tagged with: material meaning basic prinicples ontario law sharbern vancouver scc article

Flooding Statement False ~ Liability Follows

April 18, 2013 - Updated: April 18, 2013Agreement of Purchase and Sale

The case of Costa v. Wimalasekera was an action in Small Claims Court in Erin, near Orangeville Ontario in 2012. The case was appealed to the Di ...

Tagged with: flooding ponding normal use of words water rear yard spis ontario law article

Seller Property Information Statement (entire agreement clause)

April 12, 2013 - Updated: April 12, 2013Seller Property Information Statements (SPIS)

SPIS and the Entire Agreement Clause In 2007, the purchasers Adam and Olga Soboczynski bought a house in London, Ontario from Don and ...

Tagged with: spis entire agreement alien beauchamp soboczynski ontario law article

Condominiums Explained

April 7, 2013 - Updated: April 7, 2013Condominiums

A condominium is a parcel of real estate. It is one single unit of a condominium corporation. In effect, it is one method of common ownership wi ...

Tagged with: condominiums ownership expalined ontario law

Acknowledgement ~ OREA Form 127

April 5, 2013 - Updated: April 5, 2013Buyers

There is a recent new Form which has been published by OREA, (the Ontario Real Estate Association). It is Form 127, described as an: ...

Tagged with: informed consent document orea form 127 ontario law article

Real Estate Profession and the Doctrine of Informed Consent

April 3, 2013 - Updated: April 3, 2013Disclosure

Gradually, the doctrine of “informed consent” is working its way into the real estate field. First, it took hold in the fi ...

Tagged with: real estate sales representatives brokers brokerages informed consent duty obligations ontario law article

Greg Norman's Yacht

March 24, 2013 - Updated: March 24, 2013Celebrity Real Estate

Would Greg Norman’s Yacht Qualify as a “Matrimonial Home under the FLA? Ontario’s Family Law Act covers both real an ...

Tagged with: greg norman yacht matrimonial home family law act ontario law

Role of a Business Broker in Ontario

March 21, 2013 - Updated: March 21, 2013Selling a Business

A business broker is regulated in Ontario under the same legislation that applies to real estate agents, namely the Real Estate and Business Bro ...

Tagged with: busines sale broker rebba duties obligations ontario law

Can You Do an End Run Around the Agent?

March 20, 2013 - Updated: March 20, 2013Contracts

From time to time, a seller will think that the agent didn’t really earn their commission. It may be that a neighbour or friend approaches ...

Tagged with: listing commission entitlement holdover ontario law

Should You Sign an SPIS?

March 18, 2013 - Updated: March 18, 2013Seller Property Information Statements (SPIS)

The question is: “do you sign one or not?” OREA says yes. RECO says yes. But, most Ontario lawyers would say “no&rdq ...

Tagged with: spis seller property information statement orea reco lawyers ontario law article

Matrimonial Home in Ontario ~ Special Rights

March 13, 2013 - Updated: March 13, 2013Family Law

Matrimonial Home ~ Special Rights Matrimonial homes in Ontario are subject to special considerations. In most cases, people be ...

Tagged with: matrimonial home ontario fla family law act possessory rights ontario law article

Vacant Possession ~ Is there a Precise Time?

March 13, 2013 - Updated: March 13, 2013Agreement of Purchase and Sale

Ontario Real Estate Source By Brian Madigan LL.B. This is a simple question and sometimes gives rise to signif ...

Tagged with: vacant posession time calculation rights remedies ontario law article

Vacant Possession ~ Ontario

March 12, 2013 - Updated: March 13, 2013Agreement of Purchase and Sale

Ontario Real Estate Source By Brian Madigan LL.B. This is a simple question and sometimes gives rise to signif ...

Tagged with: vacant posession time calculation rights remedies ontario law article

Minor Agreement Changes ~ Notices, Clarifications or Amendments

March 10, 2013 - Updated: March 10, 2013Agreement of Purchase and Sale

From time to time there will be some small glitches in an agreement. Some small matter was incorrect, misspelled, or overlooked in the “he ...

Tagged with: notice clarification amendment email ontario law

Does a Commercial Tenant have the Right to Assign the Lease?

March 10, 2013 - Updated: March 10, 2013Tenancies

Most people seem to know that commercial landlords are tougher and often don’t want to agree. The right to assign a lease is pro ...

Tagged with: right to assign sublet commercial tenancy ontario law

Everyone has a Will in Ontario

March 3, 2013 - Updated: March 3, 2013Estates

Ontario Intestate Succession Rules Everyone has a Will. The problem is that most people don't know where it is. They have never se ...

Tagged with: wills testate intestate succession dispositions rules no will ontario law article

Tree Thieves stealing Property from the Neighbours!

March 3, 2013 - Updated: March 3, 2013Property Law

Ontario Real Estate Source By Brian Madigan LL.B. Now, you might think that I'm talking about people who ...

Tagged with: adverse possession rules prescription ontario law registry system land titles article

Municipal Encroachment Agreements ~ What to Look For!

February 25, 2013 - Updated: February 25, 2013Property Law

Reviewing Municipal Encroachment Agreements If you are buying or selling a property, you may have to deal with a municipal encroachmen ...

Tagged with: municipal agreements encroachment agreements ontario law

Permitted Encroachments

February 24, 2013 - Updated: March 1, 2013Property Law

What can You Do without an Encroachment Agreement? You may wonder what you can actually do without permission! Looks like: S ...

Tagged with: encroachment permitted toronto city ontario law article

Encroachment Agreements with Municipalities

February 24, 2013 - Updated: February 25, 2013Property Law

Encroachment Agreements Usually Solve Problems These are simple agreements between the municipality and a property owner to permit the ...

Tagged with: encroachments agreements registered resolve issues ontario law article

Hiding Something? ~ Be a FSBO!

February 24, 2013 - Updated: February 25, 2013Sellers

Are You Hiding Something? ~ Then You Should Be a FSBO! Basically, it seems pretty clear, if you are selling your property and want to ...

Tagged with: fsbo rebba 2002 real estate agent disclosure material facts ontario law article

Matrimonial Home Designations in Ontario

February 24, 2013 - Updated: March 2, 2013Family Law

Designations may be Beneficial There is an opportunity under the Family Law Act to designate a home as a "matrimonial ...

Tagged with: matrimonial home family law act ontario law designation article

Title Insurance: Is it Required?

February 20, 2013 - Updated: March 1, 2013Title Insurance

Title Insurance: Is it Necessary? Ontario Real Estate Source By Brian Madigan LL.B. ...

Tagged with: title insurance pros cons benefits cost ontario law article

OREA Form 225 and the

February 17, 2013 - Updated: July 16, 2016Seller Property Information Statements (SPIS)

In OREA’s new Form 225, there are two statements made about the law of disclosure in real estate: "Whether or not the selle ...

Tagged with: orea form 225 spis informed consent disclosure duty ontario law article

The Ownership of the Waterfront

February 16, 2013 - Updated: March 1, 2013Property Law

Waterfront Property: Who Owns it? Ontario Real Estate Source By Brian Madigan LL.B. If you are looki ...

Tagged with: waterfront road allowance setback high water mark navigable waters riparian rights ontario law article

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

Financial Records Are Necessary if You Want to Sell

February 15, 2013 - Updated: March 1, 2013Selling a Business

Maintain Accurate Financial Records If you are in business you should keep good financial records. It just makes sense, but so many sma ...

Tagged with: financial records maintain accurate reliable good books ontario law article

“Good Title” Explained

February 15, 2013 - Updated: March 1, 2013Property Law

Ontario Real Estate Source By Brian Madigan LL.B. The traditional definition of “good title” in l ...

Tagged with: good title solicitors opinion free no restrictions ontario law article

Two Reasons for the Deposit

February 14, 2013 - Updated: March 1, 2013Deposits

Two Reasons for the Deposit Ontario Real Estate Source By Brian Madigan LL.B. There are actually two ...

Tagged with: deposit secuirty pre-estimate of damages ontario law article

Contract Start Time

February 14, 2013 - Updated: November 4, 2015Agreement of Purchase and Sale

Contract Start Time Question: Precisely, when does a contract start to run? When does the clause time actually st ...

Tagged with: contract start finish commencement acceptance two steps ontario law article

Furnace Rentals and the Sale of Property

February 13, 2013 - Updated: November 3, 2015Consumer Protection

Furnace Rentals and the Sale of Property Ontario Real Estate Source By Brian Madigan LL.B. We ...

Tagged with: furnace rental leased sale of house acceleration clause assumption payout buyout issues ontario law article

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

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