Reviewing a builder’s Agreement of Purchase and Sale

As a lawyer, when advising buyers of pre-construction homes or condominium units during the 10-day cooling-off period after signing an agreement, I always start off the consultation by saying the same thing. These Agreements Of Purchase And Sale (APS) are very one-sided in the builder’s favour.

Proposed amendment deleting conditions not a waiver or notice of fulfilment

When entering into an Agreement of Purchase and Sale (APS) for a property, buyers and sellers must remain cognizant of the precise language used and conditions they need to follow for an offer to be binding.

Who gets the cottage when couples divorce?

It’s a peculiar asset when it comes to divorce, because under Ontario’s Family Law Act, the cottage may be considered a second matrimonial home. Here are some facts you should know about the post-divorce ownership and use of your holiday home.

Commission owed to real estate agent despite lack of written agreement

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?

Seller can repossess townhouse after buyer fails to complete purchase

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.

‘Business common sense’ determines winner of commission dispute

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.

What to look for in condominium status certificate reviews

A condominium’s status certificate contains auditor’s reports and other relevant financial information. Is that all it contains?

Barry Lebow talks to Bob Aaron about wills and estates

In this video, I interview Bob about misconceptions involving wills, including what will happen if you die without a will (no, the government doesn’t take it all).

Buyer’s failure to waive conditions nullifies Agreement of Purchase and Sale

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.

Why the Federal Court ruled against TRREB on privacy and copyright matters

The first quarter of 2021 has been a busy jurisprudential time for the Toronto Regional Real Estate Board. Both decisions highlight the importance of following proper procedure and taking any required steps before commencing an action in court.