The perils of not having a written contract for a home construction project

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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?

Condominium owner liable for costs due to tenant’s misconduct

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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.

Oral agreement results in years of litigation between father and daughter

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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.

Fulfilling purchase agreements in good faith

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In Tsui v. Zhuoqi, Ontario’s Superior Court of Justice addressed two complex issues. First, what duties do sellers owe purchasers when damage to a property may be substantial and second, what constitutes substantial damage to property?

Buyers lose right to recover deposit after seller breaches agreement

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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.

Foreign buyer tax survives constitutional challenge

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In 2016 Jing Li purchased a property in Langley, B.C. for $559,000. She brought a class-action lawsuit against British Columbia to challenge the constitutionality of the foreign buyer tax.

Reviewing a builder’s Agreement of Purchase and Sale

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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

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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?

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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

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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?