Property Law Columns
Proposal would protect consumers
Bob Aaron bob@aaron.ca September 9, 2000 Proposal would protect consumers Movers, renovators would have to stick closer to estimate. When Erin O’Connor planned the move into her new house, she wasn’t expecting the huge hassle she had with her movers. Before the move, her belongings had to be placed in storage temporarily, and she called […]
Look before you waive a contract condition
Bob Aaron bob@aaron.ca September 8, 2001 Look before you waive a contract condition And if something goes wrong, try to settle out of courtAlmost every agreement of purchase and sale these days – whether for a new or resale home or condominium – has a condition of some kind in it.When the time comes to […]
Thinking of buying a time-share?
Bob Aaron bob@aaron.ca September 2, 2000 Thinking of buying a time-share? Don’t sign anything at sales presentations. There are reputable dealers but also many reasons to be wary. The Ontario government has proposed a 10-day cooling-off period allowing buyers of time-share properties who have been caught off-guard by high-pressure sales tactics to reconsider their purchases. […]
This odour problem `mushroomed’
Bob Aaron bob@aaron.ca September 1, 2001 This odour problem `mushroomed’ Whitby residents protest `putrid, really obnoxious’ smell from mushroom farmI’m the only person I know who will sit down to a delicious Chinese meal and pick out all the mushrooms. What broccoli is to former president George Bush, mushrooms are to me. But even if […]
Builders, vendors ignore feng shui at their peril
Bob Aaron bob@aaron.ca August 26, 2000 Builders, vendors ignore feng shui at their peril Many buyers take ancient principles seriously when house hunting. Does your home have steeply pitched roof lines? Does it face north? Is there a large pole or tree blocking the front door? Is the home built on a triangular or irregularly […]
Class action suits expected to multiply
Bob Aaron bob@aaron.ca August 25, 2001 Class action suits expected to multiply Four class actions now wending their way through the judicial system may be the tip of the iceberg for a whole new method of suing builders and developers of new home and condominium projects. Toronto lawyer Steven Stieber, who represents a defendant in […]
Vendor mortgage issue draws reactions
Bob Aaron bob@aaron.ca August 19, 2000 Vendor mortgage issue draws reactions Readers fear original borrower on hook if buyer takes over loan. A recent column on Brad and Jennifer’s taking over their vendor’s mortgage must have triggered some hot buttons in a number of readers, and it brought a storm of e-mail asking for more […]
What lies beyond your walls?
Bob Aaron bob@aaron.ca August 18, 2001 What lies beyond your walls? When buyers of new homes or condominiums examine floor plans, model suites, and agreements of purchase and sale, they are typically concerned more with everything inside the house or condominium unit than with anything beyond the perimeter walls.This can sometimes lead to unfortunate consequences […]
Wild West tactics must be corralled
Bob Aaron bob@aaron.ca August 11, 2001 Wild West tactics must be corralled Imagine a Canadian metropolitan area where 40,000 homes and condominiums are sold every year, representing more than $12 billion in consumer spending. Now imagine that the vast majority of these homes and condominiums are sold by unlicensed salespeople. No legislation governs hundreds and […]
Seller’s existing mortgage can be superb marketing tool
Bob Aaron bob@aaron.ca August 5, 2000 Seller’s existing mortgage can be superb marketing tool When sellers and their agents list a property for sale, they often overlook an item that’s a superb marketing tool and that could add thousands – even tens of thousands – of dollars to the value of the house. That […]
Draft real estate law flawed
Bob Aaron bob@aaron.ca August 4, 2001 Draft real estate law flawed Changes strengthen cabinet, weaken democratic process STEVE RUSSELL/ TORONTO STAR FILE PHOTO QUESTIONS: Norm Sterling, consumer and business services minister, faces the media at Queen’s Par The Ontario government has released draft legislation proposing changes to the Real Estate and Business Brokers Act (REBBA), […]
City’s gouging home buyers with hefty fee hike
Bob Aaron bob@aaron.ca July 29, 2000 City’s gouging home buyers with hefty fee hike In a blatant cash grab last month, the City of Toronto instituted a 30 per cent fee increase for its tax certificates from $50 to $65 without any notice to the real estate bar. For home purchasers, this fee for […]
No beach party for Lake Erie residents
Bob Aaron bob@aaron.ca July 28, 2001 No beach party for Lake Erie residents Cottagers fought court battle for waterfront access One of the most important components of owning a waterfront summer home is the right to access and use the adjoining lake or river. When that right is in dispute, or is in danger of […]
Hallelujah! Land transfer tax refund here to stay.
Bob Aaron bob@aaron.ca July 22, 2000 Hallelujah! Land transfer tax refund here to stay. Good news and bad news arrived from the Ontario government in recent days. First, the good news. The Taxpayer Dividend Act, making permanent the land transfer tax refund for purchasers of newly-built homes, received Royal Assent on June 23. In his […]
Lessons for buyers from project fire
Bob Aaron bob@aaron.ca Bob Aaron July 21, 2001 Lessons for buyers from project fire Review maximum extension times for closingsSome of the purchasers in the Liberty Walk townhouse project, which burned to the ground in May, are being allowed to back out of their deals, and some are not. It all depends on the originally […]
Purchaser cancels deal and gets deposit back
Bob Aaron bob@aaron.ca July 15, 2000 Purchaser cancels deal and gets deposit back But future buyers who attempt same thing will not be as lucky. What happens when you sign an offer to buy a new house to be constructed by a builder but change your mind and cancel the deal before the building […]
Final chapter written in `infamous cement case’
Bob Aaron bob@aaron.ca July 14, 2001 Final chapter written in `infamous cement case’The Ontario Court of Appeal has written the final chapter in the infamous eastern Ontario cement case. In a judgment released at the end of May, the court upheld the trial decision favouring the homeowners and pinning responsibility for the defective basement foundations […]
Up-to-date survey is vital
Bob Aaron bob@aaron.ca July 8, 2000 Up-to-date survey is vital It can save a lot of confusion. With the growing popularity of title insurance in recent years, there seems to be a widespread misconception that it is no longer necessary to have a survey for a residential property purchase. Even though title insurance will, in […]
Liberty Walk buyers won’t have to pay more
Bob Aaron bob@aaron.ca July 7, 2001 Liberty Walk buyers won’t have to pay more Developer due credit for honouring commitmentOn May 2 of this year, the entire Liberty Walk condominium project on Lawrence Ave. W. near Dufferin St. burned to the ground. The would-be purchasers of nearly 200 townhouses watched their dream homes go up […]
Proceed with caution with clauses found on contract’s ‘extras’
Bob Aaron bob@aaron.ca July 1, 2000 Proceed with caution with clauses found on contract’s ‘extras’ Make it clear you won’t take house without requested features. Maria and Tony are a nice young couple in their early 20s. Their names have been changed, but their story is true. After their wedding, they visited a number of […]
Lawsuit, shmawsuit’: Yiddish livens up courtroom
Bob Aaron bob@aaron.ca Bob Aaron June 30, 2001 Lawsuit, shmawsuit’: Yiddish livens up courtroom Latin’s on its way out as the language of law When I was studying Latin in high school, the common wisdom was that if I had any intention of being a lawyer, I had to have a working knowledge of that […]
Those ‘extras’ certainly add up
Bob Aaron bob@aaron.ca June 24, 2000 Those ‘extras’ certainly add up The market for new homes and condominiums is very active, and buyers by the thousands are streaming through builders’ site offices. With rare exceptions, here’s what they don’t tell you in the sales showrooms. Virtually every agreement of purchase and sale in use […]
City takes hit for shoddy Reno
Bob Aaron bob@aaron.ca June 23, 2001 City takes hit for shoddy Reno The Annex is a trendy area of older Toronto homes in the Bloor-Bathurst-Spadina corridor. Back in 1990, James Ingles and his wife Valerie Webb owned an 80-year-old Annex house at 123 MacPherson Ave. They decided to improve it by lowering the basement 18 […]
Paralegal proposals a recipe for havoc
Bob Aaron bob@aaron.ca June 17, 2000 Paralegal proposals a recipe for havoc Letting paralegals handle real estate sales could have unfortunate consequences. Retired Supreme Court Justice Peter Cory released his report to the attorney-general on paralegal regulation last week and two of his recommendations, if implemented, could create havoc in the field of real estate […]
Pizza person shut out
Bob Aaron bob@aaron.ca June 16, 2001 Pizza person shut out Question: In our condo, the Board have rules that forbid fast food delivery people from going upstairs to units. Instead, they call from downstairs and tenants must go down to pick up the order. The Board claims this is for reasons of security. Can they […]
Do we want to be like our southern neighbour?
Bob Aaron bob@aaron.ca June 16, 2001 Do we want to be like our southern neighbour? Proposed rule could encourage petty lawsuits Most standard homeowner insurance policies carry third-party liability coverage of $500,000 or $1 million. If someone is injured on the insured’s premises, the liability coverage should kick in and will contribute damages to the […]
No-fee mortgage marketing plan has costs
Bob Aaron bob@aaron.ca June 10, 2000 No-fee mortgage marketing plan has costs A new mortgage marketing scheme of the Bank of Nova Scotia has been withdrawn and revised after lawyers complained the program encouraged consumers to close their real estate transactions without the advice of a lawyer. The brochure, distributed in recent months through […]
Wife may be on hook for co-signing loan
Bob Aaron bob@aaron.ca June 9, 2001 Wife may be on hook for co-signing loan Separate legal advice for couple and bank `bullet-proofs’ transaction It happens all the time. The husband is having financial trouble and applies to his bank for a loan. The bank approves the loan but the man’s wife must co-sign for the […]
Be cautious when buying property with a partner
Bob Aaron bob@aaron.ca June 3, 2000 Be cautious when buying property with a partner What happens when you buy a property with a partner? How do you protect yourself if something goes wrong? These questions were raised in an e-mail received last week from Star readers Colleen Hart and Kim Aspin. Hart writes, "A friend […]
Ottawa to force lawyers to snitch on clients
Bob Aaron bob@aaron.ca June 2, 2001 Ottawa to force lawyers to snitch on clients `Suspicious’ financial transactions must soon be reportedWhat is the common factor in each of these scenarios? Paul and Joanne are buying a new house in Mississauga with help from Joanne’s parents in Hong Kong. For closing, they show up at their […]
Don’t be insulted if lawyer asks for ID
This case will show you why. Last week, I received a strange telephone call from the client of another real estate lawyer. He explained he was in the process of buying a house and had just come back...
Trouble Free?
Bob Aaron bob@aaron.ca May 20, 2000 Trouble Free? Putting an offer in and buying a cottage is a lot different from a home purchase in the city. Today Bob Aaron begins a new column on real estate law. Aaron is the president of the Ontario Real Estate Lawyers Association and a director of the Law […]
Municipality liable for faulty construction
Bob Aaron bob@aaron.ca December 21, 2000 Municipality liable for faulty construction Town inspector failed to spot building defects When construction defects are found in a new home, a homeowner usually looks to the builder or the Ontario New Home Warranty Program for redress. But ONHWP coverage typically applies only to homes where both the builder […]