Bob Aaron bob@aaron.ca August 11, 2007 Lack of land survey led to lot-size mistake Kia was looking forward to moving into his house on a corner lot on Burgess Ave in the Beach neighbourhood. Near Kingston Rd. and Woodbine Ave., the home has two kitchens, three washrooms and four bedrooms. Described as a "great fixer […]
2007 Toronto Star Columns
Neighbours in talks after mutual drive dispute
Bob Aaron bob@aaron.ca August 4, 2007 Neighbours in talks after mutual drive dispute Of all the cases that reach our courts, perhaps the most bitterly contested are disputes between neighbours. A classic example of a disagreement which should never have gone before a judge was heard in Ontario Superior Court last month. Gary Fife and […]
Have your lawyer review purchase agreement before you sign anything
Bob Aaron bob@aaron.ca July 28, 2007 Have your lawyer review purchase agreement before you sign anything A decision of a three-judge panel of the Ontario Divisional Court earlier this year highlights the risk of waiving conditions in a multiple-offer scenario. In December 2001, Saeid Sharifara and his wife were refugees from Iran who had started […]
UFFI clause has outlived its purpose
Bob Aaron bob@aaron.ca July 21, 2007 UFFI clause has outlived its purpose Virtually every residential real estate sale agreement in Ontario contains a clause concerning urea formaldehyde foam insulation (UFFI). Typically, the clause is a warranty that the seller has never caused the house or condominium unit to be insulated with UFFI and that to […]
Ruling may have major impact on TARION
Bob Aaron bob@aaron.ca July 14, 2007 Ruling may have major impact on TARION An appeal decision by the Ontario Divisional Court released in April could result in a significant change in the way homeowner claims are treated under the Ontario New Home Warranties Plan Act (ONHWPA). Joao Luis DaSilva Cecilio purchased a new home from […]
Old fence makes for warring neighbours
Bob Aaron bob@aaron.ca July 7, 2007 Old fence makes for warring neighbours A recent decision of the Ontario Superior Court emphasizes how risky it is to take the law into your own hands when it comes to boundary disputes, and how important it is to review a land survey of the property prior to closing […]
Vendor who signs SPIS invites future litigation
Bob Aaron bob@aaron.ca June 30, 2007 Vendor who signs SPIS invites future litigation When Matthew Morrill bought his house in Thunder Bay in October 2005, he did everything “by the book.” He visited the house three times, viewing every room on all three visits. Twice he was accompanied by the real estate agent, and once […]
City axe threatens golden goose
Bob Aaron bob@aaron.ca June 23, 2007 City axe threatens golden goose Reading the news out of Toronto City Hall last week, I was reminded of Aesop’s fable The Goose That Laid The Golden Eggs. The owner of a goose finds the bird can lay eggs of pure gold and cuts the bird open to find […]
Warranty plan could be election issue
Bob Aaron bob@aaron.ca June 16, 2007 Warranty plan could be election issue In April I wrote about Joe and Joanne West, who bought a new home built in Hamilton without a building permit. As a result of numerous defects in the house and their discontent with the resolution attempts of the Tarion warranty program, […]
Should vendor disclose a property’s past?
Bob Aaron bob@aaron.ca June 9, 2007 Should vendor disclose a property’s past? Does Ontario need a law requiring real estate agents or sellers to disclose whether a home being sold has a history of violence? The question arises in the wake of the publicity surrounding the sale of a house in rural Lake County, Fla., […]
Creative taxes answer to city’s budget woes
Bob Aaron bob@aaron.ca May 26, 2007 Creative taxes answer to city’s budget woes I’m pleased to announce I’ve discovered a method of financing much of Toronto’s annual budget shortfall without a suggested 0.5 per cent municipal land-transfer tax that would kill the real estate market. The proposal was first broached in a study released […]
Tarion warranty fails to protect consumers
Bob Aaron bob@aaron.ca May 19, 2007 Tarion warranty fails to protect consumers When Dave and Iris MacPherson signed an agreement to move into a new home in London, Ont., they never thought they would eventually have to choose between illegally moving into an unfinished house or losing their deposit on the transaction. Unfortunately, that’s […]
When selling home, truth is the best policy
Bob Aaron bob@aaron.ca May 12, 2007 When selling home, truth is the best policy I’m not sure why it happens, but when ordinary, honest citizens are selling their homes and large amounts of money are involved, they sometimes succumb to an overwhelming temptation to become less than candid in signing the paperwork for the transactions. […]
Easement dispute points to value of survey
Bob Aaron bob@aaron.ca May 5, 2007 Easement dispute points to value of survey Judge allows purchaser to rescind on house offer and get deposit back In real estate law, an easement is the right of a landowner to use someone else’s land for a particular purpose. Like a right-of-way, an easement may be a right […]
Who’s liable for house defects?
Bob Aaron bob@aaron.ca April 28, 2007 Who’s liable for house defects? When a builder wants to construct a new house, he or she applies to the local municipality and obtains a building permit. Construction begins and municipal inspectors regularly visit the house to monitor progress with the foundations, framing, roof, walls, plumbing, electrical and all […]
Paralegal licensing is good news
Bob Aaron bob@aaron.ca April 21, 2007 Paralegal licensing is good news For the first time in Ontario, paralegals are about to become a regulated profession For the first time in Ontario history, independent paralegals will become a regulated profession when new legislation comes into effect on May 1. On that day, the Law Society of […]
Don’t buy without a home inspection
Bob Aaron bob@aaron.ca April 14, 2007 Don’t buy without a home inspection Twas the night after closing And all through the house, The only ones stirring Were kids, wife and spouse. The reason sleep failed them Was not very nice The house was infested With dozens of mice. So begins the latest sad tale […]
No protection for conversion projects
Bob Aaron bob@aaron.ca April 7, 2007 No protection for conversion projects In September 2002, Marianne Logger signed an agreement to buy a new condominium unit at the prestigious Chateau Royale project on James St. S., in Hamilton. She gave the builder, Bear Inc., a deposit of $7,808. The agreement of purchase and sale set a […]
Bank takes a hard hit with condo parking space fraud
Bob Aaron bob@aaron.ca March 31, 2007 Bank takes a hard hit with condo parking space fraud Transactions lend new meaning to concept of 90 per-cent financing Imagine being able to buy an $11,000-parking space in a classy Markham condominium project and then getting a mortgage on it for $185,000. Or buying a storage unit assessed […]
City land transfer tax a bad idea
Bob Aaron bob@aaron.ca March 24, 2007 City land transfer tax a bad idea Proposal could cost Toronto much more than it brings in, expert warns The City of Toronto’s proposal to impose a municipal land transfer tax on the purchase of all real estate in the city has the potential to cause a major disruption […]