Blog

Blog

31 Oct

Commission not owing to agent under conditional agreement of purchase and sale

Monday, October 31, 2022James R.G. CookLitigationReal Estate, GTA Real Estate

SHARE:

Often, an agreement to purchase real estate will have a conditional period to allow for various steps to be completed by either the buyer or...

Read the full post, click here.

21 Jun

Buyer breached duty of good faith in failing to complete assignment agreement

Tuesday, June 21, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Town of Caledon, GTA Real Estate

SHARE:

Buyers of pre-construction properties in Ontario sometimes enter into an assignment agreement with another buyer before the completion...

Read the full post, click here.

9 Mar

Real estate co-ownership dispute leads to sale under Partition Act

Wednesday, March 9, 2022James R.G. CookLitigationReal Estate, GTA Real Estate

SHARE:

Given the high price of real estate in Ontario, co-ownership of properties between friends and family members is increasingly common. Title may be...

Read the full post, click here.

8 Mar

Court refuses to impose 5 pm deadline for delivery of real estate closing proceeds

Tuesday, March 8, 2022James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, GTA Real Estate

SHARE:

Real estate transactions may be scheduled to be completed by a certain time of day, depending on the wording of the Agreement of Purchase and Sale (APS). In some cases,...

Read the full post, click here.

7 Mar

Requisition deadline for present legal use of property clarified by Court of Appeal

Monday, March 7, 2022James R.G. CookLitigationReal Estate, GTA Real Estate

SHARE:

The Ontario Real Estate Association’s standard form of residential Agreement of Purchase and Sale (APS) contains a paragraph that sets a deadline for a

Read the full post, click here.

28 Feb

No duty of care owed by seller to confirm buyers had financing in place

Monday, February 28, 2022James R.G. CookLitigationReal Estate, GTA Real Estate

SHARE:

Cases arising out of the 2017 market correction in the Greater Toronto Area continue to result in decisions favouring innocent sellers and substantial damages awarded against defaulting...

Read the full post, click here.

29 Nov

Sellers not allowed to rely on “escape clause” to accept a better offer

Monday, November 29, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

SHARE:

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... 

Read the full post, click here.

26 Nov

Porch bandits - adverse possession remains alive and well in Toronto

Friday, November 26, 2021James R.G. CookLitigationLand Title Act, GTA Real Estate

SHARE:

The doctrine of adverse possession remains alive and well in Toronto despite the conversion of most properties into the Land Titles registry system many...

Read the full post, click here.

1 Nov

Stepfather’s mortgage to stepdaughter determined to be a gift rather than a loan

Monday, November 1, 2021James R.G. CookLitigationLoans, Real Estate, GTA Real Estate, Monetary Gift, Brampton

SHARE:

Family members who provide financial assistance to each other for the purpose of purchasing real estate may intend that such funds be a gift without any expectation of...

Read the full post, click here.

26 Oct

Buyers bound to agreement of purchase and sale negotiated by family friend

Tuesday, October 26, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

SHARE:

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...

Read the full post, click here.

11 Aug

Buyer entitled to repudiate agreement after discovering water damage

Wednesday, August 11, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

SHARE:

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... 

Read the full post, click here.

9 Jul

Commission owed to real estate agent despite lack of written agreement

Friday, July 9, 2021James R.G. CookLitigationSmall Claims Court, Real Estate, Buyer’s Representation Agreement, GTA Real Estate, Caledon

SHARE:

In the real estate industry, relationships between buyers and their real estate agent are often governed by a written Buyers Representation Agreement (“BRA”). A BRA usually... 

Read the full post, click here.

5 Jul

Oral agreement to transfer family home results in years of litigation between father and daughter

Monday, July 5, 2021James R.G. CookLitigation, Real EstateMississauga, GTA Real Estate

SHARE:

Agreements between family members are often informal and not reduced to writing, even if they involve substantial assets such as real estate. The parties may think that they have agreed on some of the terms but... 

Read the full post, click here.

2 Jul

Seller entitled to repossess townhouse after buyer fails to complete purchase

Friday, July 2, 2021James R.G. CookLitigationAgreement of Purchase and Sale, Real Estate, GTA Real Estate

SHARE:

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...

Read the full post, click here.

4 Jun

Buyer’s failure to waive conditions nullifies agreement of purchase and sale

Friday, June 4, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Land Title Act, GTA Real Estate

SHARE:

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

Read the full post, click here.

4 May

Power of sale set aside due to mortgagee's refusal to provide discharge statement

Tuesday, May 4, 2021James R.G. CookLitigation, Real EstateOntario Mortgages Act, GTA Real Estate

SHARE:

A mortgagor has a right to request a discharge statement from a mortgagee at any time prior to the mortgaged property being sold by... 

Read the full post, click here.

3 May

Buyers’ liability to sellers in aborted real estate transactions - Part 2

Monday, May 3, 2021James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, GTA Real Estate

SHARE:

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...

Read the full post, click here.

27 Apr

Agent’s claim to commission owing under BRA dismissed due to non est factum

Tuesday, April 27, 2021James R.G. CookLitigation, Real EstateMississauga, Buyer’s Representation Agreement, GTA Real Estate

SHARE:

Agents often require buyer clients to enter into a Buyer’s Representation Agreement (BRA) which sets out the buyer’s agreement to pay the agent a commission on... 

Read the full post, click here.

Subscribe Now