Seller ruled not responsible for property zoning or future use limitations

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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discussions between a buyer and seller regarding the potential zoning or future uses of a property are generally superseded by the written terms of the purchase agreement.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

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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.

Misrepresentation in square footage leads to rescission of Agreement of Purchase and Sale

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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

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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

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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.