A century of Canadian legal precedents dealing with listings describing homes for sale were reversed late last year by an Ontario Court of Appeal decision that is being seen as one of the year’s most significant real estate law rulings.
2020 Toronto Star Property Law Column
Unfair burdens are put on homeowners’ families and heirs by delays at Toronto estates court
When the heirs of a GTA deceased homeowner decide it’s time to sell the property, it typically takes the Ontario estates court many months to rubber-stamp probate documents allowing the sale to proceed.
Do home buyers keep the $500K they discover in their house during renovations?
In his first-year law student text book, “Principles of Property Law,” prof. Bruce Ziff begins a chapter on lost objects with this statement: “The law of finding is not an area of pressing practical concern.”
The pandemic has dramatically changed how home buyers and sellers close their property deals
Anyone who has bought or sold a property since the COVID-19 state of emergency was declared in Ontario last March will have experienced a sea change in how these deals are legally closed.
Would you agree to buy a property that is haunted?
Young ghosts and goblins may be imagining the hauntings that have happened in their homes this Hallowe’en. For home buyers, the possibility of purchasing a residence associated with a haunting — or other dark event — can be a true nightmare.
Dispute over a property line fence stirs up a costly battle in Superior Court
Keep your neighbour disputes off the Internet.
Know your commitment about paying a real estate brokerage commission before you sign a listing agreement
Should home sellers have to pay commission on a sale if the transaction doesn’t close?
Refusing to close a property deal can be risky – and expensive
Refusing to close a deal for the unconditional sale of a home in a rising market is never a good idea. It can lead to expensive consequences.
Homebuyers should get clear details about fixtures and appliances — including HVAC — in their property deals
When homeowners agree to sell but neglect to note the property’s heating and cooling system is rented, chances are they will eventually have to buy out the rental contract.
Ensure your home purchase deal includes an inspection immediately before closing
It’s the night before closing, the seller has moved out and the buyer wants to do a last-minute inspection to ensure there’s been no damage since the last visit.
A buyer’s balk over an easement hinges on whether it restricts enjoyment of the property
Can a buyer ever back out of a purchase on the basis of registered easements that entitle third parties to particular rights on the land?
Expensive lessons: Courts tell buyers to pay up after backing out of real estate deals because of easements
Fighting failed real estate deals in court can be futile — and expensive — as shown by the verdicts in two recent Ontario cases.
A buyer’s hefty deposit is forfeited when a judge finds he “deliberately” breached his purchase contract
A buyer of a pre-construction townhouse in Markham found out the hard way what can happen if the property is resold before its closing date and without the builder’s permission.
Condo board ordered to pay damages to owner who breached no-smoking rule
How should a condominium board act when it receives complaints about a resident smoking in his unit?
‘Zombie’ property deeds are both alive and dead, say justices in Ontario’s top court
Can dead people sign property deeds?
Your property, and your family, deserve to be protected in your will
In these times of economic uncertainty, Canadians who own their own homes may be thinking about protecting them from health risks due to the COVID-19 pandemic.
ONTARIO REAL ESTATE ASSOCIATION endorses defective COVID-19 clauses
OREA fails its members and the public.
Alarm bells are raised over new COVID-19 legal clauses in real estate purchase and sale deals
One of Ontario’s most respected real estate lawyers has sounded the alarm against using untested COVID-19 clauses in property transactions.
Home sales, purchases go ahead with unprecedented virtual tools during the pandemic
There is good news and bad news for those of us in the real estate field during the COVID-19 pandemic.
Why using a DIY building manual made a homeowner liable for negligent construction
A homeowner who used a “Reader’s Digest” manual to build a house that he later sold was found liable for negligent construction by the Ontario Superior Court earlier this month.