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Brian Madigan LL.B., Broker

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

96 Rexdale Blvd. 
Toronto, Ontario 

Phone: 416-745-2300

Cell: 647-404-8150 
Toll Free: 1-888-507-0817

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Posts tagged with: seller

Writing Clauses Course

July 1, 2019 - Updated: July 1, 2019Education (Students)

Writing Clauses Course I am putting together a new Course on Writing Clauses. There’s really no “right” answer, but na ...

Tagged with: course clause drafting issues buyer seller

Defaulting Sellers and Commission Entitlement

January 28, 2018 - Updated: January 28, 2018Contracts

Defaulting Sellers and Commission Entitlement Shortly before closing the Sellers have second thoughts. They never should have sold. They ...

Tagged with: seller default remedies buyer commission ontario law

Listing Agent's Duties When Confronted with a Defect

November 20, 2016 - Updated: November 20, 2016RECO, OREA

Listing Agent’s Duties When Confronted with a Defect So, what does the Listing agent do when a defect shows up? This is somethin ...

Tagged with: code of ethics duty obligation disclosure seller buyer 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

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 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

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

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

Agent Fails to Properly Identify Seller (RECO Discipline

March 23, 2016 - Updated: March 23, 2016Discipline (Agents)

Agent Fails to Properly Identify Seller (RECO Discipline) This particular matter would be easy to solve for the Listing Agent. Simply ...

Tagged with: identity seller discovery facts material reco. discipline

Are You Entitled to Present Your Offer in Person?

December 9, 2014 - Updated: December 9, 2014Agreement of Purchase and Sale

Offer Presentment (Personally to Seller) An issue which arises on occasion is the presentation of Offers to Sellers. What is ...

Tagged with: offer present seller buyer mls rules code of ethics

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

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

Failure to Disclose the Flood Results in Liability for Sellers

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

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

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

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

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