How big is this place, again?

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So what happens when a buyer purchases a property under the mistaken belief that it measures 2,000-2,500 square feet, and later finds out, before closing, that is it actually only 1,450 square feet?

Mitigation of damages when an Agreement of Purchase and Sale is breached

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In Madison Homes v. Yiman Shi, 2020 ONSC 7810, the Ontario Superior Court of Justice recently considered what a seller must do to show that he/she did all they could to minimize their losses arising from the failed real estate transaction.

Tenants in common: The partition and sale process

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If you have ever considered how the law deals with tenants in common who are parties to a co-ownership agreement, during a partition and sale of a property, look no further.

Fighting over parking: A case of commercial easements

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What recourse do you have when your commercial neighbour decides to unilaterally remove parking that you both share?

Personal Real Estate Corporations (PREC) and higher standards for Ontario Realtors

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One of the most significant pieces of law affecting Realtors in Ontario received Royal Assent in March: the Trust in Real Estate Services Act, 2020 (TRESA), repealing and replacing the Real Estate Business and Brokers Act, 2002 (REBBA).

Standard of care owed by agents

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In Kazakevich v. Sychev, the Ontario Superior Court of Justice affirmed when an Agreement of Purchase and Sale (APS) will be kept alive, preventing a buyer’s release from their contractual obligations.

When a property is damaged prior to closing

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What obligations do sellers and buyers have in a real estate transaction when the property has been accidentally damaged – such as by a fire – prior to closing?

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.