Buyer entitled to recover deposit where neither side was ready to complete transaction (Nieuwenhuis v. FRP Inc.)
Wednesday, July 23, 2025James R.G. CookLitigationReal Estate, Transactions, Dispute
In disputes arising from an incomplete real estate transaction, the courts will generally focus on which party is responsible for breaching the terms of their agreement...
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No reasons required for using lawyer review clause to terminate transaction (Yui v. Yan)
Friday, July 4, 2025James R.G. CookLitigationTerminate , Clause, Transactions
In cooling real estate markets, it may be increasingly common for buyers to include various conditions in an Agreement of Purchase and Sale (APS) allowing them to take the time to consider and back out of a proposed transaction...
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Providing Enforceability Opinions
Tuesday, May 27, 2025Zev ZlotnickBusiness Law, Corporate LawReal Estate, Transactions, Insurance
In Ontario, the question of whether in-house counsel can provide enforceability opinions in the context of loan and purchase transactions is...
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No basis to pierce corporate veil in aborted real estate transaction (Dawood v. Popes Property Holdings Inc.)
Thursday, April 10, 2025James R.G. CookLitigationReal Estate, Property, Transactions
In some real estate transactions, individuals may negotiate an agreement in which they do not wish to incur personal liability and may use a shell or holding company for that purpose...
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No failure to mitigate by sellers in failed real estate transaction (Singh and Kaur v. Feneich)
Friday, November 1, 2024James R.G. Cook, Delila BikicLitigationReal Estate, Transactions
Cases arising from failed residential real estate transactions in a falling market continue to affirm that a buyer who breaches an agreement to purchase a property may be liable for substantial damages...
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Buyer failed to complete real estate transaction as required by time is of the essence clause (Correa v. Valstar Homes)
Friday, September 27, 2024James R.G. CookLitigationReal Estate, Transactions
Real estate purchase transactions generally require that the parties be in a position to complete their obligations by a set closing date...
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