In Ontario, Tarion Warranty Corporation (“Tarion”) is responsible for administering the Ontario New Home Warranties Plan Act R.S.O. 1990, CHAPTER 0.31 (the “Act”) and is remedial, consumer protection legislation that …
Many Real Estate transactions wind up breaking down between the point where an Agreement of Purchase and Sale has been signed and the transaction is completed (“closed”). In such cases …
In real estate law, representations are very important elements to any agreement of purchase and sale. Typically the party selling the property will represent things such as the size of the …
One of the most important things I stress to Realtors and purchaser clients is to make sure it is very clear in the agreement of purchase and sale that everyone …
Simply defined in the Blacks law dictionary, an easement is an interest in land owned by another person, consisting in the right to use or control the land or an …
Time for searches Before closing a real estate transaction, a real estate lawyer will need time to search title, executions and make off-title searches or inquiries. The title search date …
In the OREA standard form agreement (“OREA Agreement”), there is a blank space provided where it should be indicated whether taxes are “included in” or “in addition to” the purchase …
Spousal consent When selling a matrimonial home like a principal residence or cottage, it is always necessary to have the non-title holding spouse consent to the sale. For the purposes …
Choosing a closing date The closing date can be whenever the parties agree upon, however selecting a closing date on a weekend or statutory holiday will prevent your transaction from being registered …
Fixtures and chattels The specification of chattels versus fixtures happens to be one of the more contentious issues arising in a real estate transaction. To recap past articles, generally chattels …