Oral agreement results in years of litigation between father and daughter

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

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

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

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

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

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?

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

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

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

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.