Seller ruled not responsible for property zoning or future use limitations
The Ontario Superior Court of Justice affirmed that preliminary discussions between a buyer and seller regarding the potential zoning or future uses of a property are generally superseded by the written terms of the purchase agreement.
Tenants in common: The partition and sale process
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.
Misrepresentation in square footage leads to rescission of Agreement of Purchase and Sale
A misrepresentation by the seller and real estate agent as to the square footage of a residential property in Stouffville, Ont. resulted in the rescission of the Agreement of Purchase and Sale (APS) and the return of the $50,000 deposit.
The courts won’t enforce unfair behaviour
COVID-19 has forever changed business as usual. I believe that courts will mirror this change by refusing to enforce unfair outcomes and, in the case below, racist behaviour.
Water damage insufficient to terminate transaction
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
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
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
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
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
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.