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?

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.