Find homes in the Greater Toronto Area.

Linkedin
Posts filed under: Legal

Minor Agreement Changes ~ Notices, Clarifications or Amendments

April 15, 2013Legal

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: notices clarifications amendments

Contract Start Time

February 12, 2013 - Updated: February 12, 2013Legal

Question: Precisely, when does a contract start to run? When does the clause time actually start? Assume an offer is going on via fa ...

Tagged with: contracts

“Good Title” Explained

February 12, 2013 - Updated: February 12, 2013Legal

The traditional definition of “good title” in law, is a title without any qualifications, exceptions or explanations. A solicitor ...

Tagged with: title

Matrimonial Home Designations in Ontario

January 23, 2013Legal

There is an opportunity under the Family Law Act to designate a home as a "matrimonial home". You might think that married couples ...

Tagged with: family law act

The Law of Disclosure

January 17, 2013Legal

If you want to know about the law of disclosure in real estate transactions, then have a look at this case: December 8, 2011 BETW ...

Tagged with: law of disclosure

Ontario Tree Thieves Might Steal Your Property

January 15, 2013Legal

Now, you might think that I'm talking about people who steal trees. I'm not. I'm talking about trees that steal property for you! ...

Tagged with: legal land

What Happens if the Buyer Dies before Closing?

January 10, 2013 - Updated: January 10, 2013Legal

This is “bad news” for the buyer, no matter how you look at it. But, just exactly what does this mean from the seller’s pe ...

Tagged with: buyer dies

Liability For False Statement about Flooding

January 8, 2013Legal

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: liability

FINTRAC ~ How to Identify Corporations

January 4, 2013Legal

Real estate agents under legal obligations to collect and maintain certain records with regard to real estate transactions. These obligation ...

Tagged with: fintrac

Joint Tenancy ~ a Poor Man’s Will

December 28, 2012Legal

Question: I am concerned about my mother. Ten years ago, she married a man who now seems to be in ill health. He has operated his own business f ...

Tagged with: joint tenancy

Proper Completion of Confirmation of Acceptance

December 28, 2012Legal

Since we know that there is a problem signing the current version of the Confirmation of Acceptance, how should the statement be handled? It ...

Tagged with: confirmation of acceptance

Confirmation of Acceptance is Troublesome

December 22, 2012Legal

The current version of the standard form Agreement of Purchase and Sale by the Ontario Real Estate Association (OREA) includes a “Confirma ...

Tagged with: confirmation of acceptance

Confirmation of Execution has been Replaced

December 22, 2012Legal

If you look back to the previous version of the OREA standard form Agreement of Purchase and Sale, you will find a Confirmation of Execution. It ...

Tagged with: confirmation of execution confirmation of acceptance

Negligent Misrepresentations and the Law

December 21, 2012 - Updated: December 21, 2012Legal

In Ontario, there are two bodies of law which must be considered in respect to misrepresentations: contract and tort. Contract If ...

Tagged with: misrepresentations

The Legal Definition of “Acceptance”

December 20, 2012Legal

Since the art of negotiating is very much part of every real estate deal, and it is the offer and the acceptance of that offer that creates the ...

Tagged with: acceptance

Counter Offer Form ~ Amendments

December 17, 2012 - Updated: December 17, 2012Legal

There is a standard form Counter Offer form which has been drawn up for use in Ontario. There are some small issues which should be addresse ...

Tagged with: counter offer forms

Lawyer’s Approval: What Clause to Use?

December 13, 2012 - Updated: December 14, 2012Legal

You have already decided to include in an Offer “subject to lawyer’s approval”, but what particular clause do you want? Ca ...

Tagged with: lawyers approval

Lawyer’s Approval: Legal Terms, Business Terms, or Both?

December 12, 2012 - Updated: December 12, 2012Legal

In a number of cases, a clause will be included in an Offer “subject to lawyer’s approval”. But, just exactly what does th ...

Tagged with: lawyers approval

Origins and Definition of Common Law

December 8, 2012Legal

Often, people will ask "what is common law". And, just as often someone will provide a simple definition, but somewhat different ...

Tagged with: common law

Air Rights Explained

December 5, 2012Legal

There are "air rights" and then again there are "air rights", and of course they are two completely different things. So ...

Tagged with: rights law

15 Reasons to Buy Title Insurance

December 4, 2012Legal

I thought that I would give you 15 good reasons to buy title insurance. Actually, there are more than fifteen, but if these fifteen are not enou ...

Tagged with: title insurance

Toronto Land Transfer Taxes

November 22, 2012 - Updated: November 22, 2012Legal

You are probably aware that Toronto has its own Land Transfer Tax. This is in addition to the regular Provincial Land Transfer tax which applies ...

Tagged with: tax toronto

Business Purchases ~ Should You Buy Assets or Shares?

November 9, 2012Legal

Assets, of course! That’s what just about everyone says. But, why is this? Real estate agents are not generally trained in the field o ...

Tagged with: bussiness assets

Consumer Reporting Act ~ Consumer’s Rights

November 1, 2012Legal

The Consumer Reporting Act is designed to afford a certain level of protection to consumers. So, the Act defines consumers and does not apply to ...

Tagged with: consumer reporting act

Adding or Substituting a New Buyer to an Agreement in Ontario

October 31, 2012Legal

For some reason, this issue seems to create some complications. How do you add a new buyer? How do you get rid of the old buyer? What options ar ...

Tagged with: agreements legal

Misuse of Blank and Undated Documents

October 21, 2012Legal

The real estate agent in this case misused the documentation that has been drafted and made available by the Ontario Real Estate Association (OR ...

Tagged with: misuse of blank and undated documents

What is Allodial Title?

October 17, 2012 - Updated: October 17, 2012Legal

Just what is it and where does it come from? In English common law, the concept seems to have lost its meaning. Not too many people seem to know ...

Tagged with: legal hoarder

Conditions and Escape Clauses

October 13, 2012Legal

There is always a great deal of confusion and discussion concerning conditions and escape clauses contained in agreements relating to real estat ...

Tagged with: conditions escape clauses

Landlord's Access to Tenant's Premises for the Sale

September 29, 2012 - Updated: September 29, 2012Legal

Landlord’s Notice for Showings to Prospective Purchasers How does the Landlord gain access to the Tenant’s unit if he wants to s ...

Tagged with: landlords

Liability of Condominium Corporations in Ontario

September 26, 2012 - Updated: September 26, 2012Legal

Question:Please explain unlimited liability and limited liability regarding condominiums under the Condominium Act? Answer: You sh ...

Tagged with: liability of condominium corporations in ontario

Joint Tenancy and Problems with the Estate

September 25, 2012 - Updated: September 25, 2012Legal

Joint Tenancy Joint tenancy is a very popular method of holding title between married couples. While there are some advantages to joint ...

Tagged with: joint tenancy legal

Vacant Possession: What does it mean?

September 7, 2012 - Updated: September 7, 2012Legal

Even after you read this, you still may not know. With thousands of years of common law history, this is still a matter which is subject to judi ...

Tagged with: occupation legal

Detached or Semi-detached?

September 6, 2012Legal

This is an interesting question. The property quite clearly had been the west side of a semi-detached pair of buildings. So, what happens now th ...

Tagged with: legal hoarder

Do You have to Close on a Hoarder’s House?

September 5, 2012 - Updated: September 5, 2012Legal

Well, if they have moved everything out, then you do; but what are your rights if they still have piles of junk left behind? To some extent, ...

Tagged with: legal hoarder

Can You Revive an Old Agreement?

August 30, 2012Legal

The answer is “no”, but a lot of people don’t believe it. Let’s assume that Bob puts in an Offer to buy Bill’s ...

Tagged with: agreements legal

Who are You Related to? (For Real Estate Purposes)

August 27, 2012Legal

Are you related to cousin Vinny? Well, you were until 31 March 2006 and now you're not. That's the "correct" real estate answe ...

Tagged with: rebba legal

Mortgage Fraud and Oklahoma Offers

August 21, 2012 - Updated: August 21, 2012Legal

What is an Oklahoma Offer! Actually, it's a simple form of real estate fraud. There are variations depending upon how many parties are ...

Tagged with: mortgage fraud oklahoma offers

Landlords ~ Don’t Let Tenants raise your Insurance

August 18, 2012 - Updated: August 18, 2012Legal

Sometimes Landlords overlook the issue of insurance. Make sure that your Tenant is not carrying on activities which will either increase your in ...

Tagged with: landlords tenant insurance

Landlords ~ Protect Yourself from a Grow House

August 13, 2012 - Updated: August 13, 2012Legal

We all know that a marihuana grow house can do a lot of damage to a house. It’s the heat and humidity that can cause mould to gr ...

Tagged with: grow house lease legal

Is an Agreement Valid without a Witness?

August 10, 2012 - Updated: August 10, 2012Legal

A problem frequently arises in real estate transactions when people say they witness signatures, but they don't. In Ontario, there are o ...

Tagged with: legal agreement witness

Joint Tenancy Does not offer Creditor Protection

August 9, 2012 - Updated: August 9, 2012Legal

We looked at a case where a joint interest in a matrimonial home effectively thwarted bankruptcy. But, that was a peculiar case. In Re: Cameron ...

Tagged with: joint tenancy

Don’t Just worry about Grow Houses ~ Flowers can do Damage too!

August 3, 2012 - Updated: August 3, 2012Legal

Everyone is concerned about marihuana grow houses and the damage that they can do, but what about somebody just growing flowers? To a large ...

Tagged with: legal common law

Joint Tenancy Thwarts Bankruptcy

July 31, 2012 - Updated: July 31, 2012Legal

By Brian Madigan LL.B. Having property registered in joint tenancy actually worked quite favourably. A doctor acquired a matrimoni ...

Tagged with: joint tenancy thwarts bankruptcy

Always Get A Building Permit

July 30, 2012 - Updated: July 30, 2012Legal

By Brian Madigan LL.B. This is the lesson learned by an elderly Toronto couple. Mr. and Mrs. Tseng purchased their older turn of the cen ...

Tagged with: building permit

Legal Non-conforming Use Explained

July 20, 2012 - Updated: July 20, 2012Legal

This is an issue under the zoning by-laws. It is important to note that all zoning by-laws are forward looking. They speak to the future and not ...

Tagged with: legal

Thinking of Living Common Law?

July 20, 2012 - Updated: July 27, 2012Legal

Thinking of Living Common Law? By Brian Madigan LL.B. Often, couples living common law will mistakenly believe that they have equal o ...

Tagged with: legal common law

Real Web Solutions