Monday, November 29, 2021Agreement of Purchase and Sale, GTA Real Estate

In some cases, sellers may wish to ‘hedge their bets’ by accepting a conditional offer that contains a term allowing them to continue to market the property for sale until... 

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Tuesday, October 26, 2021Agreement of Purchase and Sale, GTA Real Estate

Buyers who rely on real estate services provided by a family friend would do well to ensure that they are fully aware of the consequences of entering into a...

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Wednesday, August 11, 2021Agreement of Purchase and Sale, GTA Real Estate

During the period between the time an Agreement of Purchase and Sale (APS) is signed and the completion date, a property being purchased usually remains in... 

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Tuesday, August 3, 2021Agreement of Purchase and Sale

After an Agreement of Purchase and Sale (APS) is signed and a deposit is paid it may be weeks or months before the scheduled completion date. In the case of new properties under construction, it could be...

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Friday, July 2, 2021Agreement of Purchase and Sale, Real Estate, GTA Real Estate

Sales of new condominiums and townhouses may sometimes allow a buyer to move into a unit on an “interim occupancy date” which may be several months before the purchase is scheduled to be finally...

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Friday, June 4, 2021Agreement of Purchase and Sale, Land Title Act, GTA Real Estate

While conditional offers may be rare in the Greater Toronto Area, where multiple bidders compete for most properties, buyers in less heated markets may...

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Tuesday, May 25, 2021Agreement of Purchase and Sale, Ontario Court of Appeal , Real Estate

It is settled law in Ontario that when a buyer fails to complete an agreement of purchase and sale, the seller is entitled to retain the deposit without having to prove any loss. This means that... 

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Monday, May 3, 2021Agreement of Purchase and Sale, GTA Real Estate

We have previously addressed a number of circumstances in which buyers unsuccessfully attempted to back out of a binding Agreement of Purchase and Sale (APS) for the purchase...

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Wednesday, April 7, 2021Ontario, Agreement of Purchase and Sale, Personal Liability

One of the perceived benefits of using a corporation for real estate or other business transactions is to shield the individual owner from personal liability for costs and other...

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Tuesday, December 22, 2020Ontario, Agreement of Purchase and Sale, Zoning By-Law

A recent decision of the Ontario Superior Court of Justice affirmed that preliminary discussions between a buyer and seller regarding the potential zoning or...

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Wednesday, December 2, 2020Agreement of Purchase and Sale, Ontario Court of Appeal , Stouffville, Misrepresentation

A misrepresentation by the seller and real estate agent as to the square footage of a residential property in Stouffville, Ontario resulted in the rescission of the Agreement of Purchase and Sale... 

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Friday, October 23, 2020Flooding, Insurance Policy, Agreement of Purchase and Sale, Damages

In Bilotta v. Booth, 2020 ONCA 522, the Ontario Court of Appeal determined that the buyer of a residential property did not have the right to...

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Tuesday, October 20, 2020Agreement of Purchase and Sale, Damages

In Akelius Canada Inc. v. 2436196 Ontario Inc., 2020 ONSC 6182 (CanLII), the Ontario Superior Court of Justice...

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Wednesday, September 2, 2020Contract Law, Agreement of Purchase and Sale, Damages

The party seeking damages arising from a failed real estate transaction is often the seller, who seeks to recover the agreed-upon sale price from a buyer. Conversely, when a seller breaches the agreement...

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