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In Lombardo v. 2672140 Ontario Inc., 2021 ONSC 5523 (CanLII), the parties owned adjacent properties in Flamborough, Ont., and were embroiled in a dispute over where a fence separating the properties should be located.
If disputes arise between the homeowner and the contractor, the first step to resolve matters should be to review the original written contract. But what happens when all that parties have to rely on is a verbal agreement?
A recent decision of the Ontario Superior Court of Justice demonstrates the limitations faced by a condominium and unit owner to evict a tenant from the building, and the consequences to a unit owner for the destructive conduct of her tenant.
Agreements between family members are often informal and not reduced to writing, even if they involve substantial assets such as real estate. The lack of a written agreement may lead to years of costly litigation.
A buyer who wishes to take advantage of a seller’s breach of the APS and seek the return of the deposit must indicate that they intend to do so within a reasonable time, or else they will remain bound to complete the transaction.
What happens when a real estate agent spends the time and effort looking for a property but doesn’t enter into a written agreement with the clients to do so?
2100 Bridletowne Inc. v. Ding, 2021 ONSC 2119 demonstrates the issues that may arise when a buyer takes possession of a property before the transaction is completed.
In Notsch-Kupcho v. NY Brand Studio Inc, 2021 ONSC 4271 (CanLII), Justice F.L. Myers was faced with this situation in a dispute involving a telephone conversation between a commercial real estate broker and his client over the amount of commission the client agreed to pay.
Buyers should not assume that communications with a seller during the conditional period will extend the deadline or require a seller to accept unilateral demands for amendments to the agreement.
In response to the seller’s claim for the $100,000 deposit, the buyer took the position that the court should grant relief from forfeiture in order to prevent the seller from obtaining an unconscionable windfall by keeping her deposit.
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