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?

Seller can repossess townhouse after buyer fails to complete purchase

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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

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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

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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

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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

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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.