Water damage insufficient to terminate transaction

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In Bilotta v. Booth, 2020 ONCA 522, the Ontario Court of Appeal determined that the buyer did not have the right to refuse to close a transaction on the basis that they had not been provided with timely notice of water damage from a basement flood.

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?

Court awards buyers $150,000 after seller reneges on house deal

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An Agreement of Purchase and Sale is just like any other legal contract: Once duly signed, it is binding and must be honoured according to its terms. In a recent case, the seller of a home learned this principle the hard way.

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).

Real estate agent’s defamation claim survives anti-SLAPP motion

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The plaintiff, Niu, was a well-known Chinese-speaking real estate agent in Oakville, Ont., with a base of Chinese-speaking clientele. The defendant, Cao, had used Niu's services to find and purchase a home.

Unconditional offers to buy are binding, appeal court rules

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An “unconditional” offer is one that is made without any conditions attached – such as the buyer first being able to obtain financing, obtain a satisfactory home inspection, sell their existing home and/or other stipulations.

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.

Second homes and the principal residence tax exemption

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From what I have read, the demand for cottage properties has soared during COVID-19. City folk are eager to get out of the city for a change of scenery, especially since many people are still working from home.

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?

Developer deals: Convey parkland to the city, or pay cash-in-lieu?

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Can real estate developers demand they be given the option of paying cash-in-lieu rather than conveying away valuable land?