Did these buyers breach their pre-construction Agreement of Purchase and Sale?

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At what point in time should a developer terminate a pre-construction Agreement of Purchase and Sale (APS) when a buyer breaches the agreement? Well,...

Be cautious when representing corporate buyers

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Real estate agents should be cautious when representing corporate buyers owned by multiple investors. If a sale does not close, the real estate agent might not be paid his or her commission.

When a brokerage goes insolvent, do agents get their commissions?

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In Firepower Debt GP v. TheRedPin, the Ontario Court of Appeal grappled with the question of what happens to a real estate agent’s uncollected commissions when their real estate brokerage becomes insolvent.

Should a deposit be part of the damages award?

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When a buyer fails to close a real estate transaction and the seller is awarded damages, should the seller credit the deposit to the damages award or should the seller be allowed to keep it in addition to the award?

Buyers’ deposits not above the law in pre-incorporation contracts

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The Court of Appeal found that the phrase “without any personal liabilities” was to be interpreted in the context of a contract as a whole, not applying just to the deposit.

Sales reps’ commission claims unsuccessful

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In Ngai v. Fufa Limited, the Ontario Superior Court of Justice decided that the absence of a valid agreement between a seller and her agent invalidated the agent’s claim to commission from a sale.

Property disclosure statements and the duties of the salesperson

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When acting for both a seller and a buyer, what duties does a real estate agent owe to his or her clients if a property disclosure statement, known as a Seller Property Information Sheet (SPIS) in Ontario, is signed?

Sellers’ remorse: Is there a way out?

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Nothing dampens the excitement of a sale like the sudden realization that you’ve made a mistake.

Opting out of co-ownership can get messy

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When parties co-own real property as joint tenant or tenants-in-common, it can become messy really quickly when one of those parties wants to opt out of the co-ownership but the other does not.

A warning to lenders selling properties under Power of Sale

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When can a sale under a Power of Sale fail? This was the central issue that the Court of Appeal addressed in the 1173928 Ontario Inc. v. 1463096 Ontario Inc decision.